the district educators association - edl between the board of trustees and the district educators...

AGREEMENT BETWEEN

THE BOARD OF TRUSTEES

AND

THE DISTRICT EDUCATORS

ASSOCIATION

OF THE

HUNTINGTON BEACH UNION

HIGH SCHOOL DISTRICT

July 1, 2015 - June 30, 2018

DEA/HBUHSD Contract 2015‐2018

TABLE OF CONTENTS

ARTICLE PAGE

I Agreement…………………………………………………………………………………….. 1

II Recognition……………….…………………………………………………………………… 2

III Definitions.……………………………………………………………………………………. 4

IV Negotiation Procedures………….……………………………………………………… 5

V Association Rights………………………………………………………………………….. 6

VI District Rights………………………………………………………………………………… 8

VII Non‐Discrimination………………………………………………………………………… 9

VIII Maintenance of Benefits……………………………………………………………….. 10

IX Grievance Procedure……………………………………………………………………… 11

X Work Day………………………………………………………………………………………. 17

XI Work Year..……………………………………………………………………………………. 26

XII Transfer………………………………………………………………………………………….. 27

XIII Evaluation Procedures for Teachers...……………………………………………. 32

XIV Salaries……………….…………………………………………………………………………. 48

XV Fringe Benefits……….……………………………………………………………………… 50

XVI Leaves…………..……………………………………………………………………………….. 51

XVII Class Size………………..……………………………………………………………………… 82

XVIII Organizational Security…..……………………………………………………………… 86

XIX Safety Conditions..….……………………………………………………………………… 90

XX Savings Provisions….………………………………………………………………………. 93

XXI Concerted Activities………………………..……………………………………………… 94

XXII Support of Agreement……………………………………………………………………. 95

XXIII Effect of Agreement……………………………………………………………………….. 96

XXIV Completion of Meet and Negotiation .…………………………………………… 97

XXV Term of Agreement…..…………………………………………………………………… 98


XXVI Reduction‐in‐Force Actions and Effects Related Thereto……………….. 99

XXVII Notice……………………………………………………………………………………………. 101

XXVIII Contracts……………………………………………………………………………………….. 102

XXIX Assignment and Reassignment…………………………….………………………… 106

XXX Summer School……………………………………..………………………………………. 109

XXXI Extended School Year……………………………………………………………………. 117

XXXII Voluntary Early Retirement……………………………………………………………. 118

XXXIII Payroll Deductions for Insurance and Savings………………..………………. 121

XXXIV Employee Discipline………………………………………..……………………………… 122

XXXV Peer Assistance Review………………………………………………………………….. 123

XXXVI Right to Privacy………………………………………………………………………………. 130

XXXVII Hybrid‐Online Learning………………………………………………………………….. 131

ADULT EDUCATION/HOURLY TEACHER CONTRACT

I Assignment and Reassignment………………………………………………………. 136

II Permanent Status………………………………………………………………………….. 137

III Salary Schedule………………………………………………………………………………. 139

IV Fringe Benefits……………………………………………………………………………….. 140

V Adult Education/Hourly Teacher Work Year…………………………………… 141

VI Adult Education/Hourly Teacher Work Day……………………………………. 142

VII Personal Illness Leave…………………………………………………………………….. 143

VIII Personal Emergency Leave…………………………………………………………….. 144

IX Leave to Comprehensive High School…………………………………………….. 145

X Summer School………………………………………………………………………………. 146

XI Evaluation Procedures for Adult Education/Hourly Teachers…………. 147

APPENDICES

A Salary Schedules:

A‐1: Salary Schedules, Effective July 1, 2015…………………………. 148

A‐2: Salary Schedule, Effective July 1, 2016…………………………… 151

A‐3: Salary Schedule, Effective July 1, 2017…………………………… 154


B Additional Pay………………………………………………………………………………… 158

C Voluntary Extra Assignment Pay…………………………………………………….. 163

D Fringe Benefits………………………………………………………………………………. 170

E School Calendar………………………………………………………..……………………. 173

F Academy for Performing Arts…………………………………………………………. 175

G Tentative Agreements & Memorandums of Understanding:

Tentative Agreement, March 16, 2016…………………………………. 176

Tentative Agreement, April 29, 2016…………………………………….. 225

MOU – Assembly Bill 375 CFRA, April 29, 2016……………………… 230

MOU – Fringe Benefits, April 29, 2016………………………………….. 232

H Class Size/Combination Classes Problem Solving……………………………. 233

I Incident Report Form…………………………………………………………………….. 234

J 7/6th Problem Solving…………………………………………………………………….. 235

K Individualized Performance Plan (IPP)……………………………………………. 236

L Bell Schedule Flow Chart (Article X: Work Day)………………………………. 240

M Hybrid‐Online Course Learning Agreement……………………………………. 241

N Hybrid‐Online Problem Solving………………………………………………………. 242

O Hybrid‐Online District‐Wide Courses Problem Solving……………………. 243

INDEX ………………………………………………………………………………………………………. 244

Article I: AGREEMENT

ARTICLE I: AGREEMENT 1

This is an Agreement made and entered into this 29th day of April 2016, between 2

the Huntington Beach Union High School District (hereinafter referred to as "District") and 3

the District Educators Association/CTA/NEA (hereinafter referred to as "Association"). 4

This Agreement is entered into pursuant to Chapter 10.7, Sections 3540‐3549 of the 5

Government Code ("Act").6

1 DEA/HBUHSD Contract 2015-2018

Article II: RECOGNITION

ARTICLE II: RECOGNITION 1

The District confirms its recognition of the Association as the exclusive 2

representative for that unit of employees recognized by the District per its Resolution No. 3

27 dated May 5, 1976 as noted below. 4

1. Teachers, Regular 5

2. Media Specialists 6

3. Nurses 7

4. Athletic Coordinators 8

5. Master Teachers 9

6. Department Coordinators 10

7. Special Education Teachers 11

a) Adaptive PE

b) Autism

c) Emotional Disturbance

d) Mobility/Orientation

e) Mild‐Moderate

f) Moderate‐Severe

g) Speech/Language Specialist

h) Visually Impaired

i) Vocational Specialist

11. Special Program Teachers 12

a) Core

b) English as a Second Language

c) Facilitator/Specialist

d) Resource Specialists ROP/ Special Programs

e) Title I Coordinators

f) Contract ROP Teacher


Article II: RECOGNITION

g) APA Facilitator

h) IB Coordinator

i) MERITS Coordinator

j) District Educational Technology Coordinator

k) Facilitator

12. Adult/Alternative School Teachers (15 or more hrs/wk) 1

a) Diploma/Learning Center & Independent Study 2

b) English as a Second Language 3

c) Health and Safety 4

d) Learning Center 5

e) Older Adults 6

f) Parent Education 7

13. Contract Substitutes 8

14. Temporary Contract Teachers 9

15. Home Teachers (15 or more hrs/wk) 10

It is mutually understood that the Huntington Beach Union High School District and the 11

District Educators Association agree that in light of the voluntary recognition granted on May 12

5, 1976, neither party will seek a unit clarification or unit amendment with the Educational 13

Employment Relations Board, except for new positions that might be created in the future 14

and about which mutual agreement for unit inclusion cannot be reached.15


Article III: DEFINITIONS

ARTICLE III: DEFINITIONS 1

"Day" ‐ shall mean any day of the work year as defined in Article XI of this agreement. 2

"Employee" ‐ shall mean a member of the bargaining unit that is represented by the 3

Association. 4

"Immediate Family" ‐ the mother, father, grandmother, grandfather, or a grandchild of the 5

employee or of the spouse of the employee, and the spouse, son, daughter, 6

brother or sister of the employee, or any relative or singular individual 7

designated as significant other living in the immediate household of the 8

employee; mother‐in‐law, father‐in‐law, son‐in‐law, daughter‐in‐law, 9

brother‐in‐law, sister‐in‐law, grandmother‐in‐law, grandfather‐in‐law, 10

stepmother, stepfather, stepson, stepdaughter, stepbrother, stepsister, step‐11

grandmother, step‐grandfather, step‐grandchild, any dependent for whom 12

the unit member is a court appointed legal guardian, and domestic partners 13

(per AB 2208). 14

"District" ‐ shall mean the Board of Trustees or the District Superintendent of Schools. 15

"Teacher" ‐ shall mean a member of the bargaining unit that is represented by the 16

Association. 17

"Superintendent" ‐ shall mean the chief executive officer of the District, or the chief 18

executive officer's designee. 19

"Board" or "Board of Trustees" or "Governing Board" ‐ shall mean the public school 20

employer, or the designee of the employer. 21

"Evaluator" ‐ shall mean an administrative officer of the school to which an employee is 22

assigned and by whom the employee is evaluated. 23

"Immediate Administrator" ‐ shall mean that member of the District's management team 24

that has immediate jurisdiction over an employee. 25

"Association" ‐ shall mean the representative council of the DEA, or the President of DEA.26


Article IV: NEGOTIATION PROCEDURES

ARTICLE IV: NEGOTIATION PROCEDURES 1

A. Both parties shall meet and negotiate in good faith on negotiable items for the 2

successor agreement not later than April 1 of the preceding school year. Initial 3

proposals by the Association for a successor agreement shall be presented to the 4

Board no earlier than January of the preceding school year and no later than the last 5

regularly scheduled Board meeting in February of the preceding school year. 6

Any agreement reached between the parties shall, upon mutual ratification, be 7

reduced to writing and signed by them. 8

B. Either party may utilize the services of outside consultants in negotiations. 9

C. Negotiations shall take place at mutually agreeable times and places provided that 10

meetings shall be held within ten (10) days from receipt of a written request. 11

D. The District shall provide a reasonable number of Association representatives with 12

a reasonable amount of released time, without loss of compensation, for purposes 13

of meeting and negotiating with District representatives, and participation in formal 14

impasse procedure mediation and fact‐finding sessions. 15

E. Within a reasonable time after written request, the Board shall provide the 16

Association with copies of all county and state required reports and all public 17

documents that are reasonably related to the negotiation process, and copies of all 18

budgetary documents that have been presented to the Board. The Association shall 19

reimburse the District for the actual cost of reproducing said reports and documents. 20

F. Not later than November 15, the Board shall furnish the Association with the 21

placement of personnel on the respective salary schedules as of November 1.22


Article V: ASSOCIATION RIGHTS

ARTICLE V: ASSOCIATION RIGHTS 1

A. Association representatives shall have the right to make reasonable use of school 2

buildings and facilities under Civic Center Act provisions at all reasonable hours 3

when not in use. 4

B. The Association shall have the right to post notices of activities and matters of 5

Association concern on employee bulletin boards, at least one of which shall be 6

provided in each school plant in areas frequented by teachers, and the Association 7

shall provide the administration with a copy of the notice at the approximate time 8

of posting. The Association may use the regular District mail service including 9

electronic communications and teacher mailboxes. It may also use the public 10

address system and daily bulletin for routine communications to teachers, in 11

accordance with established procedures. In the event of any differences of opinion 12

about the nature of such announcements, the principal will be the sole judge of the 13

appropriateness of the use of these channels. 14

C. Authorized representatives of the Association shall be permitted to transact official 15

Association business on school property at all reasonable times after notifying the 16

administration, as long as such Association business does not interfere with the 17

assigned duties of employees. 18

Notwithstanding other provisions of this Article, the Association may hold, in District 19

facilities, meetings during teacher conference periods not to exceed two (2) per 20

quarter, with an overall total of four (4) per year. However, when such Association 21

meetings are held, teachers shall be available for requested conference‐period 22

activities during some other portion of the work day. 23

D. Following the established procedures for agenda item submission, the Association 24

may submit agenda items for Governing Board meetings, provided that such items 25

do not contravene the meet and negotiate process. Under the oral communication 26

portion of the Governing Board agenda, the first three items shall be reserved for 27

any comments that recognized or certified employee organizations may care to 28

make. 29


Article V: ASSOCIATION RIGHTS

E. On or before the twentieth day of the school year, the District shall email the 1

Association an electronic delimited file of all Bargaining Unit Members, including 2

names, home addresses, telephone numbers, school emails, school locations, and 3

school phone numbers. 4

F. The Superintendent shall approve upon written notice from the Association 5

President or his/her designee up to seventy‐five (75) days of release time per school 6

year to be utilized for the purposes of representing the Association at legitimate 7

local, state, or national level. This release time shall not be used to participate in any 8

concerted activities against the District or any public agency. The Association shall 9

reimburse the District for the actual cost of necessary substitutes. 10

G. The Association President and the Superintendent shall schedule at least bimonthly 11

meetings, unless mutually agreed otherwise, to discuss common issues and 12

concerns. 13


Article VI: DISTRICT RIGHTS

ARTICLE VI: DISTRICT RIGHTS 1

It is understood and agreed that the District retains all of its powers and authority 2

to direct, manage and control to the full extent of the law. Included in but not limited to 3

those duties and powers are the exclusive right to: determine its organization; direct the 4

work of its employees; determine the times and hours of operation; determine the kinds 5

and levels of services to be provided, and the methods and means of providing them; 6

establish its educational policies, goals and objectives; insure the rights and educational 7

opportunities of students; determine staffing patterns; determine the number and kinds of 8

personnel required; maintain the efficiency of District operations; determine the 9

curriculum; build, move or modify facilities; establish budget procedures and determine 10

budgetary allocation; determine the methods of raising revenue; contract out work; and 11

take action on any matter in the event of an emergency. In addition, the Board retains the 12

right to hire, classify, assign, reassign, transfer, evaluate, promote, terminate, and discipline 13

employees. 14

The exercise of the foregoing powers, rights, authority, duties and responsibilities 15

by the District, the adoption of policies, rules, regulations and practices in furtherance 16

thereof, and the use of judgment and discretion in connection therewith, shall be limited 17

only by the specific and express terms of this Agreement, or any other written agreement 18

reached between the Association and the Board, and then only to the extent such specific 19

and express terms are in conformance with law. 20

The District retains its right to amend, modify or rescind policies and practices 21

referred to in this Agreement in cases of emergency. Emergency shall be defined as a 22

natural disaster, national emergency, act of God, or epidemic.23


Article VII: NON‐DISCRIMINATION

ARTICLE VII: NON‐DISCRIMINATION 1

A. The Board shall not illegally discriminate against any teacher on the basis of race, 2

color, creed, age, sex, national origin, political affiliation, domicile, marital status, 3

sexual orientation, physical handicap, membership in an employee organization, or 4

participation in the activities of an employee organization. 5

B. The intent of paragraph A above shall not contravene Affirmative Action program 6

and goals established by the District.7


Article VIII: MAINTENANCE OF BENEFITS

ARTICLE VIII: MAINTENANCE OF BENEFITS 1

Except as provided for in this Agreement, the Board shall not reduce or eliminate any 2

benefits provided to teachers by adopted policies or written staff rules of the District, 3

or portions thereof, dealing with wages, hours, leaves and transfers, health and welfare 4

benefits, safety conditions of employment, class size, procedures for evaluation, 5

grievance procedures and organizational security provisions that are in existence at the 6

time this Agreement was signed. The provisions of this Article shall apply equally to any 7

other subjects which PERB may subsequently rule to be mandated subjects of 8

bargaining. 9


Article IX: GRIEVANCE PROCEDURE

ARTICLE IX: GRIEVANCE PROCEDURE 1

A. DEFINITIONS 2

1. A "grievance" shall mean an alleged violation, misapplication, or 3

misinterpretation of a specific provision of this Agreement which adversely 4

affects the grievant. This Grievance Procedure shall not be used to challenge 5

or change policies, regulations, or procedures of the District which are not 6

included in this Agreement, nor shall the Grievance Procedure be used for 7

other matters for which specific methods of review are provided by law, or 8

District policies, rules, or regulations. 9

2. A "grievant" shall mean either a unit member covered by this Agreement 10

filing a grievance form or the Association grieving the alleged violation of 11

any portion of the Agreement. In cases in which multiple grievances are filed 12

on the same issue, only the first written grievance filed will be processed, 13

and the decision rendered shall be applicable to all grievances on the same 14

issue, arising from the same set of circumstances. 15

3. A "conferee" shall mean any one Association representative selected by the 16

grievant to assist the grievant in presenting and processing the claimant's 17

grievance. An immediate administrator with whom a grievance is filed may 18

also choose a representative in processing grievances. A grievant shall 19

have the right to Association representation at any level of this procedure. 20

4. "Association" shall mean the employee organization recognized by the Board 21

of Trustees as the exclusive representative for the unit of employees covered 22

by this Agreement. 23

5. "Days" shall mean any day in which the grievant is required to render service. 24

6. "Immediate Administrator" shall be the first level administrator having 25

immediate jurisdiction over the grievant, and who has been designated to 26



adjust grievance. 1

7. A "District grievance form" shall mean a District‐provided form, completed in 2

writing by the grievant within twenty (20) days of the occurrence or within 3

twenty (20) days of when the grievant could reasonably have known of the 4

occurrence, act, or omission giving rise to the grievance. 5

B. GENERAL PROVISIONS 6

1. The purpose of the Procedure is to attempt to secure equitable solutions to 7

grievances. All parties agree that these proceedings will be kept confidential, 8

and that the grievant and immediate administrator should attempt to resolve 9

the grievance at the informal level. 10

2. The filing of a grievance shall in no way interfere with the right of the Board 11

to proceed in carrying out its management responsibilities subject to the final 12

decision of the grievance. In the event the alleged grievance involves an 13

order, requirement, or other directive, the grievant shall fulfill or carry out 14

such order, requirement, or other directive, pending the final decision of the 15

grievance; but upon request of the grievant, the immediate administrator 16

shall place the order, requirement, or directive in writing. 17

3. Nothing contained herein will be construed as limiting the right of any 18

grievant to discuss a grievance informally with his/her immediate 19

administrator, or to have the grievance adjusted, prior to Level V, without 20

intervention of the Association, provided that the adjustment is not 21

inconsistent with the terms of this Agreement. Any proposed resolution at 22

Levels II, III, or IV shall not be agreed upon by the District until the Association 23

has been provided a copy, and allowed an opportunity to respond either in 24

writing, or in a conference, or both, with the appropriate Administrator. 25

4. The filing of a grievance shall not reflect unfavorably upon the grievant, or 26

upon the immediate administrator with whom it may be filed. 27



5. The grievant and immediate administrator shall have the right to include in 1

the grievance hearings such witnesses as they deem necessary to develop 2

facts pertinent to the grievance. These names shall be made available to both 3

parties upon request. Such witnesses shall be in addition to the conferee that 4

either party may select. 5

6. Formal grievances (Level II) shall be logged and dated in the order received 6

by the Level I administrator, and each grievance will be taken up in that order. 7

Specific time limits will begin at the time the respective grievance is initially 8

reviewed by the immediate administrator, but in no case shall the initial 9

review by the immediate administrator take place later than fifteen (15) days 10

after the filing of the formal grievance. A copy shall be delivered to DEA. 11

7. Once a grievance arising from a particular incident(s) or circumstance(s) has 12

been resolved, another grievance based on that particular incident may not 13

be filed. 14

8. A grievant who fails to comply with the time limits established in this 15

Procedure shall forfeit all rights to apply the Grievance Procedure for the 16

alleged contract violation. 17

9. Except upon mutual agreement of the grievant, the Association and the 18

District, a grievance still in process at the end of the school year in which filed, 19

shall be continued at the start of the following school year. 20

10. The District shall provide the Association with a pool of thirty‐five (35) days 21

of substitute teacher service for released time for the purpose of processing 22

grievances and an additional 10 days for monitoring and maintaining the 23

contract. 24

11. The time limits described in this Article may be extended or modified upon 25

the mutual agreement of the parties. 26



C. INFORMAL PROCEDURE 1

Level I 2

The grievant shall meet with the immediate administrator to discuss the 3

potential grievance in an attempt to resolve it informally. Either the grievant or the 4

immediate administrator may bring a conferee to this informal meeting. If the 5

potential grievance is not resolved at this level, the grievant may proceed to Level II. 6

D. FORMAL PROCEDURE 7

Level II 8

Within twenty (20) days of the occurrence, or within twenty (20) days of 9

when the grievant could reasonably have known of the occurrence of the act or 10

omission giving rise to the grievance, the grievant must present his/her grievance in 11

writing on District‐provided form to the immediate administrator. The grievant shall 12

provide, on the District form, a clear and concise statement of the grievance, 13

identifying the specific provision(s) of this agreement alleged to have been violated, 14

the circumstances involved, the decision rendered at the informal conference, and 15

the specific remedy sought. The immediate administrator shall communicate a 16

decision to the grievant in writing within fifteen (15) days after receiving the 17

grievance, or fifteen (15) days after the informal procedure of Level I, whichever is 18

longer. 19

Within the foregoing time limits, either party may request a personal conference to 20

discuss the grievance. Either the grievant or the immediate administrator may have 21

a conferee present at such a conference. 22

Level III 23

In the event the grievant is not satisfied with the decision at Level II, the 24

grievant may appeal the decision to the Superintendent, or his/her designee, within 25

fifteen (15) days. This written appeal statement should include a copy of the original 26

grievance, the decision rendered at a previous level, and a clear, concise statement 27



of the reasons for the appeal. The written appeal described herein shall not expand 1

the scope of the formal grievance submitted at Level II. 2

The Superintendent or his/her designee shall communicate a written response 3

within fifteen (15) days after receiving the appeal. Either the grievant or the 4

Superintendent may request a personal conference within the foregoing limits to 5

discuss the grievance. Either party may have a conferee present at such a 6

conference. 7

Level IV ‐ Board Review 8

If the grievant is not satisfied with the decision at Level III, he/she may 9

request within fifteen (15) days of the decision that the Association submit the 10

grievance to binding arbitration. If the Association concurs with the request for 11

arbitration, it shall first request a hearing in Executive Session with the Governing 12

Board for the purpose of presenting facts and argument for Board review. Said 13

request by the Association shall be made within fifteen (15) days of the grievant’s 14

request to proceed to arbitration. The Board shall conduct said hearing in Executive 15

Session within fifteen (15) days of the Association's request and shall communicate 16

a written decision to the Association within fifteen (15) days of its hearing. The Board 17

review will include a presentation by the grievant and a presentation by 18

administration with both parties given an opportunity for rebuttal and questions. 19

Nothing said or done in this procedure including the manner in which the hearing is 20

conducted can be used or presented in subsequent arbitration proceedings between 21

the District and the grievant. If the Board fails to respond within the time limits, the 22

Association may appeal to the next level. 23

Level V ‐ Binding Arbitration 24

In the event the Association is not satisfied with the decision at Level IV, the 25

Association shall notify the Superintendent within twenty (20) days of the Board's 26

decision and demand to proceed to Binding Arbitration. Within ten (10) days of such 27



notification representatives of the District and the Association shall attempt to agree 1

upon a mutually acceptable arbitrator and obtain a commitment from said 2

arbitrator to serve. If the parties are unable to agree upon an arbitrator within the 3

specified period, the Association shall file a Demand to Arbitrate to the American 4

Arbitration Association. The selection of the arbitrator and the arbitration 5

proceeding shall be conducted under the Voluntary Labor Arbitration Rules of the 6

American Arbitration Association. 7

The arbitrator's decision will be in writing and set forth the findings of fact, 8

reasoning and conclusions of the issues submitted. The arbitrator will be without 9

power or authority to make any decision which requires the commission of an act 10

prohibited by law or which is violative of the terms of this agreement. The arbitrator 11

shall have no power to add to, subtract from or modify the terms of this Agreement. 12

The decision of the arbitrator will be submitted to the Association and the 13

Superintendent within thirty (30) days of the Hearing or receipt of final arguments 14

and shall be final and binding upon the parties. 15

If any question arises as to the arbitrability of the grievance, such questions 16

will be ruled upon by the arbitrator only after he/she has had an opportunity to hear 17

the merits of the grievance. 18

All costs for the services of the arbitrator, including but not limited to, per 19

diem expenses, his/her travel and subsistence expenses, and cost of any hearing 20

room if held at other than the District or the Association office, will be borne equally 21

by the District and the Association. All other costs, except for release time for the 22

grievant(s), Association representative(s), and witnesses, will be borne by the party 23

incurring them.24


Article X: WORK DAY

ARTICLE X: WORK DAY 1

A. FIVE PERIOD ASSIGNMENT 2

The work day for teachers shall not be more than 7‐1/2 hours per day 3

inclusive of a not less than thirty‐minute, duty‐free lunch period except when: 4

1. A seven‐sixths (7/6) contract is provided for in Article XXVIII: Contracts, 5

Section A.1.f. 6

2. The professional day includes a back‐to‐school night requiring employee 7

attendance. 8

3. BELL SCHEDULES (refer to Appendix L): Effective July 1, 2017, 9

a. Bell Schedule Process Committee: 10

i. Each site will create a Bell Schedule Process Committee consisting 11

of the DEA Building Chair, DEA Site Rep(s), Site Administrator(s), 12

and other interested DEA members at the site. 13

ii. The Bell Schedule Process Committee shall be co‐chaired by one 14

(1) DEA Building Chair or Site Representative and one (1) School 15

Site Administrator. 16

iii. The Bell Schedule Process Committee shall develop the specific 17

processes at each site that shall be followed in the steps below, 18

and shall produce a list of the types of bell schedules that are 19

needed at each site (e.g. regular day, minimum day, assembly, 20

late start, early release, disaster drill, etc.). In addition, this 21

Committee shall establish the calendar for unit member bell 22

schedule voting based on the guidelines below. Each school’s bell 23

schedules must be submitted annually to the Business‐Fiscal 24

Services and Educational Services offices by June 1. 25

// 26

// 27


Article X: WORK DAY

b. The Bell Schedule Committee 1

i. The Bell Schedule Process Committee is distinct from the Bell 2

Schedule Committee. 3

ii. Each site will create a Bell Schedule Committee consisting of Site 4

Administrator(s), DEA Site Rep(s) and other interested DEA 5

members at the site. Nothing prevents a Bell Schedule Process 6

Committee member from serving on both of these committees. 7

iii. The Bell Schedule Committee is responsible for producing the bell 8

schedules (i.e. specific start and end times of the school day, 9

minutes for each class period, and passing periods) in accordance 10

with legally required instructional minutes per CA Education 11

Code. 12

iv. On or before the last work day (LWD) before winter break of 13

every fourth school year beginning with the 2017‐18 school year 14

(i.e. 2017‐18, 2021‐22, 2025‐26), a survey of all members at each 15

site will be conducted by a DEA Building Chair or his/her designee. 16

This survey will decide if the Bell Schedule Committee should 17

consider block schedules or only traditional schedules. 18

(1) If the results indicate 50% +1 of the responses 19

demonstrate an interest in considering block schedules, 20

the process continues according to Section A.3.d. below. 21

(Refer to Appendix L Bell Schedule Flow Chart). 22

(2) If the results indicate less than 50% +1 of the responses 23

demonstrate an interest in considering block schedules, 24

the process continues according to Section A.3.e. below 25

(Refer to Appendix L Bell Schedule Flow Chart). 26

// 27


Article X: WORK DAY

c. Definitions 1

i. For purposes of this section, a block schedule shall be defined as 2

any schedule where teachers do not have a conference period 3

every day. 4

ii. For purposes of this section, a traditional schedule shall be 5

defined as any schedule where teachers have a conference 6

period every day. 7

d. If a site is considering block options: 8

i. On or before the LWD in February of the process school year, the 9

Bell Schedule Committee will research and prepare block‐10

schedule options and at least one traditional schedule option. 11

The Bell Schedule Committee shall produce complete sets of bell 12

schedules as defined by the Bell Schedule Process Committee 13

(Refer to Section A.3.a. above). These options shall be published 14

to the staff no later than the LWD of February. The current bell 15

schedule in use at the site must be one of the bell schedule 16

options. 17

ii. On or before the LWD in March of the process school year, the 18

Bell Schedule Process Committee will develop an inclusive 19

process (e.g. spend a dot, electronic voting, ballot voting, 20

informal voting, etc.) to narrow the bell schedule options to two. 21

All DEA site members shall have the opportunity to participate in 22

the process. This shall result in one block schedule option and 23

one traditional schedule option to appear on the official ballot for 24

the May vote (Refer to Section A.3.d.iii below). 25

iii. On or before May 1st of the process school year, the site will hold 26

a vote of the membership conducted by the DEA Building Chair 27


Article X: WORK DAY

or his/her designee in accordance with the Association by‐laws to 1

choose a bell schedule using the official ballot determined by the 2

results of the March process and shall only include one block 3

option and one traditional option. The bell schedules shall 4

appear on the May ballot. 5

(1) For the block schedule option to prevail, it must receive 6

2/3 of the votes cast. A vote for the block option shall be 7

considered a vote to waive the contractual conference 8

period for the duration of the implemented bell schedule. 9

(2) If the block option does not receive 2/3 of the votes cast, 10

the traditional option will prevail. 11

iv. The prevailing schedule shall be in effect for the following four 12

school years. 13

(1) At the end of the first year of implementation, the DEA 14

vote will include a question on the DEA May ballot to 15

trigger an early start of the bell schedule process (Section 16

A.3). Towards the end of this year, DEA members and/or 17

school administration at the site may begin a conversation 18

about the effectiveness of the current bell schedule and 19

whether or not the site should begin the bell schedule 20

process (Section A.3.) in year two for a schedule to be 21

implemented in years three and four of the four year cycle. 22

For the trigger to prevail, at least 75% of DEA members at 23

a site must cast a ballot. Of the ballots cast, 2/3 must 24

indicate a desire to trigger the bell schedule process 25

(Section A.3). 26


Article X: WORK DAY

(2) Bell schedules implemented via the trigger process shall 1

only be in effect for the remaining two school years of the 2

four‐year cycle. 3

e. If a site is not considering block options: 4

i. On or before the LWD of February of the process school year, the 5

Bell Schedule Committee will research and prepare traditional 6

schedule options. The Bell Schedule Committee shall produce a 7

complete set of bell schedules as defined by the Bell Schedule 8

Process Committee (Refer to Section A.3.a. above). These options 9

shall be published to the staff no later than the LWD of February. 10

The current bell schedule in use at the site must be one of the bell 11

schedule options. 12

ii. On or before the LWD in March of the process school year, the 13

Bell Schedule Process Committee will develop an inclusive 14

process (e.g. spend a dot, electronic voting, ballot voting, 15

informal voting, etc.) to narrow the bell schedule options to two. 16

All DEA site members shall have the opportunity to participate in 17

the process. This shall result in two traditional schedule options 18

to appear on the official ballot for the May vote (Refer to Section 19

A.3.e.iii. below). 20

iii. On or before May 1st of the process school year, the site will hold 21

a vote of the membership conducted by the DEA Building Chair 22

or his/her designee in accordance with the Association by‐laws to 23

choose a bell schedule using the official ballot determined by the 24

results of the March process and shall only include two traditional 25

options. The bell schedules shall appear on the ballot. For a bell 26

schedule to prevail it must receive 50% +1 of the votes cast. 27


Article X: WORK DAY

(1) In every case where the May ballot includes a block 1

schedule option the threshold for the block schedule to 2

prevail is two‐thirds (2/3) of the votes cast. A vote for the 3

block option shall be considered a vote to waive the 4

contractual conference period for the duration of the 5

implemented bell schedule, unless the process is triggered 6

early in accordance to Section A.3.e.iv.1. 7

iv. The prevailing schedule shall be in effect for the following four 8

school years. 9

(1) At the end of the first year of implementation, the DEA 10

vote will include a question on the DEA May ballot to 11

trigger an early start of the bell schedule process (Section 12

A.3). Towards the end of this year, DEA members and/or 13

school administration at the site may begin a conversation 14

about the effectiveness of the current bell schedule and 15

whether or not the site should begin the bell schedule 16

process (Section A.3.) in year two for a schedule to be 17

implemented in years three and four of the four year cycle. 18

For the trigger to prevail, at least 75% of DEA members at 19

a site must cast a ballot. Of the ballots cast, 2/3 must 20

indicate a desire to trigger the bell schedule process 21

(Section A.3). 22

(2) Bell schedules implemented via the trigger process shall 23

only be in effect for the remaining two school years of the 24

four‐year cycle. 25

f. Any irregular bell schedule to accommodate a foreseeable special 26

circumstance, for example, mandatory standardized testing, shall 27


Article X: WORK DAY

adhere to the process prescribed by the Bell Schedule Process 1

Committee (Refer to Section A.3.a. above). The district and/or school 2

site reserves the right to modify bell schedules during a natural disaster 3

(i.e. heat wave, earthquake) and/or emergency situations where 4

student and staff safety may reasonably be considered compromised. 5

On the rare occasion that an unforeseen and/or unique circumstance 6

arises (e.g. special guest), the Site Administrator shall consult with the 7

DEA Building Chair and/or Site Rep(s) before any bell schedule changes 8

are finalized. 9

4. Only APA designated classes shall be scheduled outside the regular 10

Huntington Beach High School work day (periods zero through seven). See 11

APA, Appendix F. 12

The teacher work day, to be structured and directed by the principal, shall 13

consist of not more than five (5) teaching periods, plus one 14

conference/preparation period spanning six consecutive periods, not 15

including the designated lunch period. By mutual agreement between the 16

teacher and the principal, the six consecutive period span described herein 17

may be extended to a seven‐period time block. 18

5. Conference Periods are teacher‐directed time and part of the contractual 19

duty day for the unit member to complete his/her professional duties and 20

responsibilities (e.g. annual IPP meeting with site administrator). The 21

employee shall be required to be on duty for a school or district related 22

purpose. On rare occasions and a maximum of once per semester, the 23

Conference Period may be used by Administration to provide 24

voluntary/optional meeting times (i.e. period by period). No teacher shall 25

be required to perform any duty or substitute for any other teacher during 26

this period. Should the teacher volunteer for such duty, the teacher shall be 27


Article X: WORK DAY

remunerated as specified in Article X Section B. “Teacher‐directed” does 1

not preclude the Site Administrator, in the event of rare unforeseen and/or 2

unique circumstances, after meeting and consulting with the DEA Building 3

Chair and/or Site Rep(s), from scheduling an additional period by period 4

meeting and/or training. 5

B. SIX PERIOD ASSIGNMENT 6

By mutual agreement between the teacher and the principal to fill an emergency 7

need, the five teaching periods may be expanded to a six teaching period assignment 8

with compensation as provided in Article XIV, E, Salaries. By mutual agreement 9

between the teacher and the principal, the teacher may substitute during his/her 10

conference/preparation period and receive compensation based upon one‐sixth 11

(1/6) of per diem pay. 12

C. SPLIT TEACHING ASSIGNMENT 13

1. For the purpose of the article, a split assignment is defined as a teaching 14

assignment in the master schedule at two school sites. A split assignment is 15

also defined as a media specialist or nurse's assignment at two school sites. 16

2. The District may assign a regular teacher, media specialist, or nurse to duties 17

at no more than two campuses. Teacher thus assigned shall be reimbursed 18

for mileage at the current District rate. Teachers will be paid 2.5 percent per 19

semester of Class V, Step 11 of the Teachers' Salary Schedule for the duration 20

of the assignment. Media specialists and nurses will be paid 3 percent per 21

year of Class V, Step 11 of the Teachers' Salary Schedule. The compensation 22

is for the loss of preparation time within the work day and/or the increase of 23

responsibilities that may result from such assignment. 24

3. The teacher on split assignment may not be required to travel during his/her 25

duty‐free lunch period. 26

4. The District shall inform the Association of all such assignments. 27


Article X: WORK DAY

D. ZERO PERIOD ASSIGNMENT 1

By written mutual agreement between the teacher and the principal, the 2

teacher may be assigned to zero period. 3

E. ADJUNCT DUTIES 4

In addition to the work day described above, teachers shall be required to 5

perform such additional duties as are normally related to the teaching profession. 6

As long as the District is using the capabilities of Information Services, and 7

mailing students grades to parents, under the present system, the deadline for 8

teachers to turn in grades shall be 4 p.m. on the Thursday following the end of the 9

quarter.10


Article XI: WORK YEAR

ARTICLE XI: WORK YEAR 1

The Board shall annually establish the yearly work year calendar for teachers, not to 2

exceed one hundred eighty‐three (183) days for returning teachers and one hundred 3

eighty‐four (184) days for new teachers. Three days in each calendar year shall be staff 4

development days. Absences on staff development days shall be treated as absences on 5

normal teaching days. Any future additional staff development days during the life of this 6

Agreement shall be voluntary. 7

The Board shall not establish the yearly work calendar for teachers unless the 8

Association has been provided with an opportunity to consult with the District regarding 9

the composition of the calendar. In the event that an emergency occurs necessitating a 10

change in the calendar after its adoption, as required by law, the Board shall establish 11

necessary modifications, after a consultation with the Association, and only after an 12

application for waiver has been denied by the State Department of Education.13


Article XII: TRANSFER

ARTICLE XII: TRANSFER 1

A. ADMINISTRATIVE‐INITIATED TRANSFERS 2

1. Should a reduction in the number of teachers in a school become necessary 3

for such reasons as financial necessity, reduced school enrollment, shift in 4

school departmental enrollments, or change in the educational program, 5

those teachers who volunteer shall be transferred first provided the 6

qualifications of the volunteers are appropriate to the subject areas and/or 7

grade levels of the available openings. Should involuntary transfers due to 8

staff reduction become necessary, the following factors shall be considered 9

in the order listed to determine which teachers shall be transferred and in 10

what priority order: 11

a. First Priority: Major‐minor field of study. 12

b. Second Priority: Length of service to the District ‐‐ after areas of 13

competence and teaching assignments have 14

been determined, staff members with the least 15

service in this District shall be transferred first. 16

c. Third Priority Current paid extra‐curricular assignments per 17

Appendix B, 1‐4, and Appendix C, subsection C, 18

five (5) units or more in that position regardless 19

of method of pay. 20

d. If two or more teachers with the same seniority date still remain 21

eligible for transfer after these priorities are applied, determination of 22

who will be transferred shall be by lot. 23

2. Between May and June of each school year, a school may express a greater 24

need for the specialized services of a teacher. Prior to the last day of each 25

school year, except in extenuating circumstances, a teacher may be 26

transferred to another school if the other school has a greater need for 27

his/her specialized services than does his/her present school upon the 28

mutual agreement between the Assistant Superintendent (Human 29



Resources) and the Association President. If agreement is not reached 1

through this process by the Assistant Superintendent (Human Resources) and 2

the Association President, either party may appeal to the Superintendent for 3

a final decision. If transferred under this provision, a teacher shall remain in 4

the new assignment for a minimum of three (3) years. 5

3. Notice of administrative transfer will be made in writing to the teacher(s) to 6

be transferred within a reasonable time after such transfer(s) becomes 7

necessary. This notice will originate from the Certificated Human Resources 8

Office and will include the reason(s) for the transfer. 9

4. An involuntary transfer shall be made only after a meeting between the 10

teacher involved and the Superintendent, or designated representative, at 11

which time the teacher shall be notified in writing of the reason. In the event 12

the teacher is not available for such meeting, a certified letter shall be sent 13

to his/her last known address. 14

5. In the event that a teacher objects to the transfer, he/she has the right of 15

appeal. Such appeals shall be made through the grievance procedure. 16

6. The notice of any involuntary transfer to a permanent teacher must be made 17

in writing. 18

7. No unit member shall be involuntarily transferred more than once in three 19

years if transferred under A‐1 above. 20

8. If a teacher is involuntarily transferred under 1 and 2 above and an opening 21

at the original school becomes available prior to September 15 of that year, 22

the teacher shall be immediately notified and have first right of refusal to fill 23

the opening. 24

B. TEACHER‐INITIATED TRANSFERS 25

A teacher may initiate at any time a request for transfer to any position for 26

which he/she is qualified by virtue of credentialing major/minor and competence. 27

There shall be two categories of teacher‐initiated transfer requests as follows: 28

// 29



1. General Transfer Requests 1

a. At any time during the course of a given school year, a teacher may 2

file a general request for transfer on the District approved form for 3

such suitable opening as might develop during that school year. A 4

vacancy that occurs after October 10 may be filled without regard for 5

such teacher‐initiated transfer requests. 6

b. At any time during the school year but no later than March 15, a 7

teacher member may express his/her desire to change positions for 8

the next school year. Though this request may indicate the school(s) 9

preferred, it will, by definition, be made at a time when specific 10

openings are not known. 11

c. A teacher whose service in his/her present assignment is formally 12

evaluated as unsatisfactory may be considered to be transferred to 13

another position or assignment in order to provide him/her with a 14

reasonable opportunity for improvement. If transferred under this 15

provision, a teacher shall remain in the new assignment for a 16

minimum of three (3) years, except in extenuating circumstances. 17

2. Specific Transfer Requests 18

The Certificated Human Resources Office shall, by May 25 of each 19

school year, post at each high school a list of known and anticipated openings 20

for the next school year. An updated list will be posted by June 15. The District 21

will e‐mail and post at each school site known and anticipated openings to all 22

certificated bargaining members on or before the date it is posted. A teacher 23

wishing to request consideration for any of these known or anticipated 24

openings shall submit a transfer request no later than one week immediately 25

following the date of the posted listing. 26

a. The following steps must be taken: 27

i. Requests for transfer shall be made on the District approved 28

form. 29



ii. The teacher shall send the original copy to the Certificated 1

Human Resources Office, give one copy to his/her principal, 2

and retain one copy. 3

iii. Once transfer requests are received in the Certificated Human 4

Resources Office, that office shall ensure that the teacher 5

requesting transfer is informed of all appropriate openings. 6

iv. Teacher‐initiated transfers shall not be accomplished unless 7

agreed to by both the prospective principal and the District 8

personnel administrator. 9

v. After the transfer is agreed to, the departmental assignment(s) 10

will be continued at least for the first semester unless a 11

different assignment is mutually agreed to by the teacher and 12

principal. 13

3. Selection Process for Both General and Specific Transfer Requests 14

Qualified applicants, both from inside and outside of the District, shall 15

be considered for every position opening, inside first. Consequently, teachers 16

initiating a transfer request shall be candidates for the opening(s) 17

appropriate to their requests. The following steps shall apply: 18

a. The teacher making the request shall contact the school having the 19

appropriate opening for an interview. 20

b. If selected for the opening, the teacher's transfer request shall be 21

endorsed by the receiving principal; thus the transfer is effected. 22

4. Transfers shall be coordinated so as not to interfere with the placement of 23

teachers returning to the District from leaves of absence. 24

5. All transfer requests shall be submitted to the Certificated Human Resources 25

Office on the approved form. 26

6. A transfer request may be withdrawn at any time prior to the official 27

confirmation that the transfer has been effected. 28



7. Filing of a transfer request is done without prejudice to the teacher. It does 1

not jeopardize his/her present position. 2

8. The Certificated Human Resources Office will notify the affected staff 3

members regarding the results of their requests for transfer as soon as 4

possible, but no later than July 1. 5

9. If transferred, a teacher should remain in the new assignment for a minimum 6

of three (3) years, except under extenuating circumstances. 7


Article XIII: EVALUATION PROCEDURES FOR TEACHERS

ARTICLE XIII: EVALUATION PROCEDURES FOR TEACHERS 1

A. PROCEDURES FOR EVALUATION 2

1. The procedures for the teacher evaluation program shall: 3

a. Provide the opportunity for the evaluatee and evaluator to form 4

mutually acceptable goals and objectives; 5

b. Base evaluation of teacher performance primarily on student progress 6

towards those goals and objectives; 7

c. Provide for continuing, ongoing evaluation of performance; 8

d. Provide for continuing, ongoing review of the evaluation procedures, 9

themselves; 10

e. Include in the performance evaluation the duties and responsibilities 11

identified in the position description for the evaluatee and other 12

responsibilities which have been mutually agreed upon by the 13

evaluatee and the evaluator/designate; 14

f. Take into account the unique qualities and circumstances pertinent to 15

the performance of each individual; 16

g. Provide the means for the evaluatee to designate those items in the 17

Performance Evaluation Plan upon which there has not been mutual 18

agreement; 19

h. Provide opportunity for multiple input into evaluation, at all levels; 20

i. Provide for informing a teacher of specific areas requiring 21

improvement; 22

j. Clearly indicate at what point performance is "unsatisfactory"; 23

k. Provide for establishment of a specific plan and time schedule for 24

improvement of performance, when necessary; 25

l. Provide, through the grievance procedure, an opportunity to process 26

alleged violations of the evaluation procedures provided for in this 27

Article. 28

// 29



2. Summary of Evaluation Program 1

The Performance Evaluation Program shall consist of three stages: 2

Planning, Monitoring, and Evaluating. With the support of a counseling 3

evaluator‐evaluatee relationship, each phase of the program must provide 4

the maximum opportunity for improvement of performance. 5

a. Planning Stage ‐ Evaluator and the evaluatee shall develop mutually 6

acceptable goals, standards of performance, objectives, work plan, 7

and techniques for the assessment of individual performance. 8

b. Monitoring Stage ‐ Includes periodic reviews, conferences, and a 9

remediation plan, when appropriate, all with the express purpose of 10

maintaining competency, commending outstanding 11

accomplishments, and improving performance. 12

c. Evaluation Stage ‐ Formal written evaluations shall incorporate input 13

from the appropriate sources and shall include a performance 14

assessment of either "satisfactory" or "does not meet District 15

standards of performance." 16

3. Time Requirements 17

The following dates and general time requirements apply to teachers 18

except as otherwise provided in this Article. Specific deadline dates may vary 19

from year to year and must be determined annually. 20

End Eighth School Week following the start of an assignment that

begins in the first semester.‐

Deadline for completion of Individual Performance Plans, and conference for the current school year.

At least 30 calendar days prior to the end of the school year.

‐ Completion of Formal Evaluations and delivery to evalutees.

On or before June 1 ‐

Evaluation conference for evaluatees who have received Formal Evaluations that year.



If the above time lines are not followed through no fault of the 1

evaluatee, a Notice of Unsatisfactory Performance will not be issued on a 2

topic contained within the Individual Performance Plan, or employee position 3

description except as provided for in Section 4 of this Article. 4

B. EVALUATION PROGRAM APPLICATION AND RESPONSIBILITY 5

1. Applicability 6

The Performance Evaluation Program procedures shall apply to all 7

teachers. Position descriptions, determined by the District, delineating the 8

duties of each bargaining‐unit position shall be a basis for performance 9

evaluation. 10

Assessment of performance shall be a continuous process. For 11

temporary contract and probationary teachers, formal evaluation shall take 12

place annually while permanent status teachers shall be formally evaluated 13

at least once every two years. Every teacher shall participate in and complete 14

the Performance Planning Process annually. 15

2. Categories of Bargaining‐Unit Positions 16

While all bargaining‐unit positions have duties which relate to student 17

learning, some bargaining‐unit positions do so more directly than others. For 18

the purposes of this evaluation program, bargaining‐unit positions shall be 19

categorized as either instructional or support staff as listed below: 20

Instructional Staff 21

Teachers 22

Teachers on Special Assignments 23

Support Staff 24

Nurse 25

Media Specialist 26

Language, Speech and Hearing Specialist 27

// 28

// 29



3. Responsibility and Input Sources 1

There shall be a single management person (the evaluator) officially 2

responsible for the formal evaluation of each teacher. If a change in evaluator 3

occurs, the new evaluator shall meet with the teacher to review the 4

Individual Performance Plan. The following charts designate this 5

responsibility as well as designating and identifying multiple sources of input 6

for the evaluator and the evaluatee to take into account relative to the 7

evaluatee's Performance Plan. These inputs and their use are categorized as 8

to their being required or optional. The following definitions apply: 9

Required Input and Use ‐ Data regarding the evaluatee's 10

performance must be sought from these 11

sources and must be taken into account 12

by the evaluator in the evaluatee's formal 13

evaluation. 14

Optional Input and Use ‐ Data regarding the evaluatee's 15

performance may be sought from these 16

sources as deemed appropriate and valid 17

by the evaluatee. Input data so received 18

may be incorporated into the formal 19

evaluation at the option of the evaluatee. 20

Bargaining‐Unit Members 21

Performance Evaluation Input Sources for Teachers 22

Required Input and Use ‐ Principal 23

‐ Assistant Principal(s) (as appropriate, 24

depending upon school organization) 25

‐ Evaluator (if other than one of the above) 26

Optional Input and Use ‐ Self 27

‐ Students 28



‐ Peers 1

‐ Other sources of meaningful input are 2

also encouraged, as may be appropriate 3

(community, etc.) 4

‐ Department Coordinator(s) (should a 5

teacher have assignment in more than 6

one department) 7

Support Staff 8

Performance Evaluation Input Sources for Nurses and Media Specialists 9

Required Input and Use ‐ Principal 10

‐ Assistant Principal(s) (as appropriate, 11

depending upon school organization) 12

‐ Evaluator (if other than one of the above) 13

Optional Input and Use ‐ Self 14

‐ Teachers 15

‐ Students 16

‐ Peers 17

‐ Other sources of meaningful input also 18

encouraged, as may be appropriate (e.g., 19

community, department coordinators, 20

etc.) 21

C. PLANNING PERFORMANCE 22

1. The Planning Process 23

Annually prior to the end of the eighth week following the start of an 24

assignment that begins in the first semester, every teacher shall participate 25

in and complete the Planning Process. The following shall be requirements of 26

this process: 27

a. There shall be personal contact between the evaluatee and the 28

evaluator during the Planning Process to ensure mutually agreeable 29

plans. 30



b. Each teacher shall develop an Individual Performance Plan (see 1

section 2 following). 2

c. There shall be a Performance Planning Conference (see section 3 3

following) between the evaluatee and the evaluator the purpose of 4

which shall be to establish the mutual agreeability of the Individual 5

Performance Plan. 6

d. Any disagreement over the plan must be promptly resolved (see 7

section 4 following). 8

e. In the case of bargaining‐unit instructional staff, each evaluatee shall 9

be notified in writing by the evaluator/designate of the date of the 10

Performance Planning Conference, such notification to be made no 11

later than three weeks prior to the conference. 12

2. Individual Performance Plan 13

The Individual Performance Plan, along with the evaluatee's position 14

description, shall be the basis of evaluation for teachers, and every teacher 15

shall complete such plan annually utilizing the District approved form which 16

shall include specific plan requirements. Elements of plans prepared for 17

previous years, or terms, may be used as appropriate and timely. 18

The plan shall be consistent with the following: 19

a. The official position description for each individual's 20

assignment. 21

b. In the case of a teacher, the requirements for the courses 22

taught, as delineated in official course descriptions. Teachers 23

shall be required at the direction of the principal, to add not 24

more than one course per year to his/her performance 25

planning, leading toward the goal of employee performance 26

planning encompassing all subjects taught. 27

c. Educational goals and objectives of the District, as prioritized 28

by the particular school. 29



d. Educational goals and objectives of the District, as established 1

in Board Policy 6120. 2

e. Board policies and staff rules. 3

A file copy of each evaluatee's Individual Performance Plan shall be 4

retained by the evaluator. 5

3. Performance Planning Conference 6

There shall be a Performance Planning Conference between the 7

evaluator and evaluatee prior to the end of the eighth week following the 8

start of an assignment that begins in the first semester. The purpose of this 9

conference shall be to discuss and reach agreement on the evaluatee's 10

Individual Performance Plan. Subsequent to this conference, the 11

Performance Plan may be changed, but such changes must continue to be 12

mutually agreeable to the evaluatee and evaluator. Record of such 13

conference(s) shall be maintained on the "Individual Performance Plan 14

Record Sheet." 15

4. Resolution of Disagreement 16

Failure of the evaluator and evaluatee to reach agreement with regard 17

to any part of the Individual Performance Plan shall necessitate that the two 18

parties designate a third party or parties to mediate the disagreement. In the 19

event no agreement is reached on a third party or parties the evaluatee shall 20

select the third party, or parties. Resolution of disagreement shall begin at 21

the earliest possible time that disagreement becomes apparent, but no later 22

than the end of the eighth school week. 23

The third party, or parties, shall have five (5) school days to attempt 24

resolution of the disagreement. Implicit in the role as mediator, the third 25

party, or parties, shall not make any formal or written recommendations 26

except by mutual agreement of the evaluatee and the evaluator. If this 27

resolution fails, final decision shall be made by the evaluatee's evaluator 28



within five (5) school days, and record of the disagreement shall be made on 1

the "Individual Performance Plan Record Sheet." 2

D. MONITORING PERFORMANCE 3

1. The Monitoring Process 4

The purpose of the Monitoring Process is to effect continuing contact 5

between the evaluator and the evaluatee in order to assess the progress of 6

the evaluatee with regard to his Performance Plan and to provide such 7

assistance as may be necessary. 8

The Monitoring Process shall include periodic progress review 9

contacts for the purpose of summarizing and recording strengths and/or 10

weaknesses of the evaluatee in relation to the Individual Performance Plan 11

and for providing assistance, when necessary. The process provides for 12

written commendation of performance or formal notification of 13

unsatisfactory performance as well as allowance for remediation, and time 14

limits are specified where necessary. 15

2. Progress Review 16

a. At least one Progress Review cycle is required prior to formal 17

evaluation, if such evaluatee is scheduled for evaluation in that school 18

year. 19

b. The Progress Review cycle shall include: 20

i. At least one observation by the evaluator of performance of 21

duties and fulfillment of the Individual Performance Plan. 22

ii. At least one Progress Review Conference between the 23

evaluator and the evaluatee to be held as soon as possible after 24

each observation and not later than ten (10) school days after 25

such observation. 26

iii. As many other observations and contacts as are mutually 27

agreed to by the evaluator and the evaluatee. 28



iv. Written records of such conference(s) to be maintained by the 1

evaluator on the "Individual Performance Plan Record Sheet" 2

with copies of such records to be provided to the evaluatee 3

within five (5) school days after the conference. 4

c. Progress Review cycles shall occur according to the following timeline: 5

i. The one mandatory Progress Review cycle referred to in 6

section 2a above shall be completed no later than February 1 7

of the school year. 8

ii. Should the written record of the Progress Review cycle referred 9

to above clearly indicate that the evaluatee needs to improve 10

in any area under evaluation, a second Progress Review cycle 11

shall be completed no later than April 30 of the school year and 12

prior to the completion of the evaluatee's formal written 13

evaluation as described in sections E1 and E2 below. 14

3. Mutual Assistance Plan 15

a. The Mutual Assistance Plan is a program of improvement developed 16

jointly by the evaluatee and evaluator in order to improve an area of 17

performance. 18

b. The Mutual Assistance Plan shall be initiated whenever the evaluator 19

indicates by written notation a weakness on the part of the evaluatee 20

in fulfilling the Individual Performance Plan and the position 21

description. 22

c. A Mutual Assistance Plan must have been in effect for a minimum of 23

four (4) school weeks before a Notice of Unsatisfactory Performance 24

can be given to a permanent or probationary teacher (see section 4 25

following). A Mutual Assistance Plan shall include a specific indication 26

of the time period to be allowed for improvement. This shall be 27

determined jointly by the evaluatee and the evaluator in order to 28

permit a reasonable period of time for improvement. 29



d. The Mutual Assistance Plan shall be accompanied by additional 1

Progress Reviews which shall include direct observation of 2

performance as deemed necessary by the evaluator or as requested 3

by the evaluatee. 4

e. The Mutual Assistance Plan shall become a part of the Individual 5

Performance Plan and shall be maintained as a matter of record with 6

the Individual Performance Plan until the evaluatee's performance 7

improves in accordance with the Mutual Assistance Plan or until a 8

Notification of Unsatisfactory Performance is given. 9

4. Notification of Unsatisfactory Performance 10

a. When the evaluator determines, upon completion of a Mutual 11

Assistance Plan, that the plan has not brought about the necessary 12

improvement and that a Notice of Unsatisfactory Performance is 13

warranted, the evaluator shall so inform the evaluatee and schedule 14

a meeting to be held within five (5) school days of completion of the 15

Mutual Assistance Plan. The evaluatee and the evaluator shall attend 16

this meeting for the purpose of reviewing all steps taken to this point. 17

b. If the evaluator decides that the Notice of Unsatisfactory Performance 18

should be given, in not less than five (5) nor more than seven (7) school 19

days of the conference alluded to in "a" above, the notice shall be 20

prepared and given to the evaluatee. This notice shall delineate the 21

areas of unsatisfactory performance, the remedial steps previously 22

taken, and the conditions necessary to constitute satisfactory 23

performance. 24

c. Within five (5) school days after a Notice of Unsatisfactory 25

Performance is given, an additional Mutual Assistance Plan shall be 26

instituted by the evaluator and the evaluatee. This plan must specify 27

a reasonable period of time to permit improvement. In the case of 28



permanent employees, this time period shall be as specified in 1

Education Code Section 44938. 2

d. The evaluatee shall have the right to initiate a written reaction or 3

response to the Notice of Unsatisfactory Performance. 4

e. The Notice of Unsatisfactory Performance, along with the related 5

Individual Performance Plan and Mutual Assistance Plan(s), shall be 6

made a matter of record in the evaluatee's personnel file(s) 7

maintained by the evaluator. 8

f. Notwithstanding any/all other provisions of this Article, in cases in 9

which an immediate administrator issues a written notice of 10

unprofessional conduct or incompetency, as contemplated within 11

Section 44938 of the Education Code, an evaluation dealing with the 12

issue(s) causing said written notice shall also be delivered to the 13

employee, specifying the nature thereof with such specific instances 14

of behavior and with such particularity as to furnish the employee an 15

opportunity to correct his/her faults and overcome the grounds for 16

such a charge. Within five (5) days of delivery of such notice, the 17

evaluatee and the evaluator shall attempt to jointly develop a 18

corrective action plan designed to correct the deficiencies contained 19

in the written notice and evaluation described above. Such a 20

corrective action plan shall be in effect a reasonable period of time 21

before the Board may consider issuance of an intent to dismiss the 22

employee to whom a notice of unprofessional conduct or 23

incompetency has been issued. The immediate administrator shall not 24

issue a notice to an employee as provided for herein without receiving 25

the advance approval of the Superintendent. 26

5. Teacher Personnel Files 27

a. General Provisions 28



i. The Certificated Human Resources Office shall establish and 1

maintain file(s) for each teacher. A teacher’s personnel file will 2

be housed at the District Office. No other permanent personnel 3

files shall exist. 4

ii. The file(s) shall be the official District repository for material in 5

the following categories: 6

Initial Employment ‐ Materials associated with initial 7

employment such as application, transcripts, placement file(s). 8

Continuing Employment ‐ Materials necessary for and resulting 9

from a teacher's employment in the District, such as credentials 10

and payroll, assignment, promotion, transfer, performance 11

evaluation, commendations and recommendations. 12

iii. The District shall take such precautions as necessary to provide 13

for the physical security of these records. 14

iv. Material kept in any file between formal evaluations and not 15

then included in the subsequent evaluation will be discarded or 16

placed in the permanent personnel file at the District office. 17

b. Employee Rights 18

Each teacher shall possess the following rights with reference 19

to his/her personnel file(s) whether established and maintained at the 20

District Office or at the local campus. 21

i. Strict observance by the District of absolute confidentiality of 22

the personnel file(s), which shall mean that: 23

(1) Access to and use of the contents of the file(s) shall be 24

limited exclusively to those persons with a legitimate 25

administrative need for such data. 26

(2) Such access to and use of the contents of the file(s) 27

including insertion of materials into the file(s), shall be 28

under direct authorization and responsibility of the 29



Board of Trustees and the Superintendent, or his/her 1

designee(s). In addition to the above management 2

personnel, the management personnel of the plant to 3

which the teacher is assigned and the teacher or his/her 4

designated representative shall have access to the 5

file(s). 6

ii. Teachers or former teachers or their designated 7

representatives shall possess the right to have the contents of 8

their file(s) disclosed to themselves, and the teachers shall 9

possess the right to have copies of the contents included within 10

the files made available to themselves at a reasonable fee, 11

except documents originating from outside this District which 12

were solicited or received prior to the origin of employment in 13

this District, were prepared by identifiable examination 14

committee members, or were obtained in connection with 15

promotional examinations. 16

iii. Any derogatory material not shown to a teacher within thirty 17

(30) days after receipt of such material or composition of such 18

material shall not be allowed as evidence in any grievance or in 19

any disciplinary action against a teacher. 20

iv. No evaluations, correspondence, or other material making 21

derogatory reference to a teacher's, or former teacher's 22

competence, character, or manner shall be kept or placed on 23

file without the employee's knowledge and opportunity to 24

attach his/her own comments. 25

(1) Derogatory statements from nonprofessional sources 26

shall not be included in the teacher's personnel file(s) 27

unless the teacher has first been provided with a written 28

and signed copy of the derogatory material and has 29



been given an opportunity to attach a response thereto. 1

In no case shall derogatory materials from anonymous 2

sources be placed in a teacher's personnel file. 3

(2) Copies of all written evaluations made by management 4

personnel shall be made available to the teacher 5

concerned within thirty (30) days of said evaluation. 6

(3) Each teacher or former teacher shall possess the right to 7

make part of his/her personnel file(s) any written 8

response to any documents included within the file(s) 9

and to make part of his/her file(s) any documents or 10

exhibits which, in the judgment of the teacher, relates 11

to his/her employment status in the District. 12

(4) No derogatory information contained in a teacher's 13

personnel file(s) shall be released to persons outside the 14

District except in writing and with a copy forwarded to 15

the teacher. Any information may be released at the 16

teacher's request. 17

6. Personal and Academic Freedom 18

The Board shall not inquire into nor predicate any adverse action upon 19

a teacher's personal, political, and organizational activities or preferences, 20

unless such activities and preferences affect the teacher's job performance. 21

E. EVALUATION PERFORMANCE 22

1. Formal Evaluation Process 23

The assessment of each teacher's performance shall be made on a 24

continuing basis, but periodic formal, written evaluation shall be required. 25

For probationary teachers, formal evaluation is to be conducted at least once 26

a year, and permanent status teachers shall be formally evaluated at least 27

once every other year. The following requirements shall be the responsibility 28

of the evaluator in developing the formal written evaluation: 29



a. The evaluator shall ensure that all required sources of input are taken 1

into account in the teacher's evaluation. 2

b. Written evaluation shall be made on the District approved evaluation 3

form. Beginning with the 2006‐07 school year, teachers may volunteer 4

to include one (1) or two (2) of the California Standards for the 5

Teaching Profession (CSTP) as part of their IPP during the term of this 6

Agreement. The selection of the CSTP(s) shall be the choice of the 7

teacher. Teachers who use the CSTP as part of their evaluation must 8

receive training on the standards prior to their evaluation cycle. These 9

teachers shall be evaluated only by an administrator who has been 10

trained in the process and tools of the CSTP. 11

c. Evaluation shall be made on the basis of the Performance Plan, 12

position description, any Mutual Assistance Plans which have been 13

utilized, and any Notices of Unsatisfactory Performance which have 14

been given. Evaluations shall include a performance assessment of 15

either "satisfactory" or "does not meet District standards of 16

performance." 17

d. All evaluatees due to receive formal evaluations in any year shall 18

receive their written evaluations no later than thirty (30) days before 19

the last day of the regular school year. 20

e. The evaluator shall ensure that procedures required by this evaluation 21

program have been followed and that the evaluatee, in effect, has 22

received due process. 23

f. If the formal evaluation reflects satisfactory performance, only the 24

Formal Evaluation form (plus any additional comments the evaluatee 25

may wish to submit) shall be placed in the teacher's personnel file in 26

the District Office. In case the formal evaluation reflects unsatisfactory 27

performance, the Individual Performance Plan and all associated 28



documentation shall become a matter of record in the teacher's 1

personnel file at the District Office. 2

2. Evaluation Conference 3

The evaluator shall ensure that each evaluatee shall have the 4

opportunity for a conference with the evaluator to discuss the formal 5

evaluation. This opportunity must be provided subsequent to the time the 6

evaluatee receives the written evaluation and prior to June 1. 7

The evaluatee may be accompanied by a representative at this 8

meeting if he/she desires. 9

3. Evaluation Appeal Procedure 10

The established grievance resolution procedure of the District shall be 11

utilized for processing any disputes which arise over alleged procedural 12

violations of the evaluation procedures provided for in this Article. 13

In the event that a procedural dispute arises and such dispute is 14

resolved in favor of the teacher, no record of the disputed evaluation shall be 15

kept by the District in any file, office, or place. Any such record(s) as exist(s) 16

shall be delivered to the evaluatee for disposition. However, nothing herein 17

shall be construed to limit the right of the evaluator to prepare and deliver 18

subsequent evaluation materials that are prepared in accordance with the 19

evaluation procedures provided for in this Article. 20

Should dismissal or nonrenewal of employment contract be involved, 21

appeal of an evaluation procedure violation shall not circumvent or inhibit 22

the rights of the District, or the employee, in any way. 23


Article XIV: SALARIES

ARTICLE XIV: SALARIES 1

A. The 2015‐16 schedule will be distributed annually upon implementation, related 2

extra pay factors are contained in Appendix B; Summer School compensation is 3

provided for in Article XXX. 4

1. Effective July 1, 2015, the salary schedule increase will be four point seven 5

five (4.75%) percent. See Appendix A‐1. 6

2. Effective July 1, 2016, the salary schedule increase will be point five (0.5%) 7

percent. See Appendix A‐2. 8

3. Effective July 1, 2017, the salary schedule increase will be point five (0.5%) 9

percent. See Appendix A‐3. 10

Contingency Language: The District’s Second Interim Report for the 2015‐16 11

school year is the basis for a contingent additional salary increase for the 12

2017‐18 school year. 13

HBUHSD 2015‐16 Second Interim MYP 2017‐18

Projection LCFF Sources – March 10, 2016……………………

$145,528,830

Plus $1,000,000 above $145,528,830……………………………

$146,528,830

HBUHSD First Interim, General Fund 01, LCFF Revenue –

December 2017…………………………………………………………….

$__________

If actual LCFF General Fund Revenues are greater than $146,528,830, fifty 14

percent (50%) of the amount over $146,528,830 shall be used to 15

permanently increase bargaining unit salaries retroactive from July 1, 2017. 16

Cost of 1% plus reconciled statutory benefits shall be calculated by an 17

accurate scattergram produced by the HBUHSD payroll department on 18

October 15, 2017 and emailed to the DEA Co‐Bargaining Chairs. 19

B. The additional compensation for Coordinators and Master Teachers is set forth in 20

Appendix B. 21

C. Effective July 1, 2014, Coast High School Teachers shall be placed on Appendix A 22

Teacher Salary Schedule in accordance with a MOU jointly written by the Association 23


Article XIV: SALARIES

and the District. The current 2013‐14 Coast High School and Home Teacher Hourly 1

Schedule shall be renamed to solely read “Home Teacher Salary Schedule.” 2

D. Effective July 1, 2015, the Home Teacher Hourly Salary Schedule increase will be four 3

point seven five (4.75%) percent. See Appendix A‐1. 4

Effective July 1, 2016, the Home Teacher Hourly Salary Schedule increase will be 5

point five (0.5%) percent. See Appendix A‐2. 6

Effective July 1, 2017, the Home Teacher Hourly Salary Schedule increase will be 7

point five (0.5%) percent. See Appendix A‐3. Effective July 1, 2017, the Home 8

Teacher Hourly salary schedule increase will be increased in accordance with the 9

contingency language as in Section A.3 above. 10

E. Teachers holding a doctoral degree shall receive an annual stipend of $2,000. 11

Stipends will be paid only for doctorates in the employees’ major or minor teaching 12

fields or in education related fields. 13

F. COMPUTING PAY FOR FRACTIONAL ASSIGNMENTS 14

Compensation for fractional assignments shall be the following: 15

6 teaching periods + conference period 7/6 salary

5 teaching periods + conference period Full salary (6/6)

4 teaching periods + conference period 5/6 salary

4 consecutive teaching periods, or 4 hour time block, and no conference period

4/6 salary

3 teach periods with one or more intervening periods, one designated as conference period

4/6 salary

3 consecutive teaching periods, or 3 hour time block with no conference period

3/6 salary

2 teaching periods, with one or more intervening, one Designated as a conference period

3/6 salary

2 consecutive periods, or 2 hour time block, with no conference period

2/6 salary

Any unit member assigned four teaching periods consisting of three or more preparations 16

shall also be assigned a conference period. Such unit members will, therefore, have a 5/6 17

salary.18


Article XV: FRINGE BENEFITS

ARTICLE XV: FRINGE BENEFITS 1

A. A brief summary of the voluntary fringe benefit coverage for the term of this 2

agreement is contained in Appendix D. 3

B. Fringe benefit coverage shall be provided through September 30 for those unit 4

members working a full school year. 5

C. The health and welfare plans shall be maintained and fully funded by the District 6

through December 31, 2018 for benefit eligible unit members and their eligible 7

dependents. The health and welfare plans include United Healthcare PPO, United 8

Healthcare HMO, and Kaiser HMO medical plans administered through the VEBA 9

trust, dental, vision, life, accidental death and dismemberment, and long term 10

disability (LTD). 11

D. For retiree benefits see Article XXXI. 12

E. The District and Association agree to continue to meet quarterly to discuss common 13

interests and issues related to the health benefits program. The District shall provide 14

health benefits data including but not limited to: 15

1. Utilization reports and updates 16

2. Financial data related to health premiums 17

3. Other health coverage issues 18

4. Option of entering an Employer‐Employee Health Trust 19

F. The District and Association commit to work jointly to educate our members on the 20

most cost effective usage of our health benefits plan. 21

G. The annual benefit limit for dental benefit coverage is $2,000 per eligible member, 22

which includes a total of three (3) cleanings per year at no cost to the employee, 23

depending on employee’s meeting the requirements of the plan. 24

H. In order to maintain the current benefit level, the District and DEA agree to review 25

RFP/quotes to keep health care premiums down.26


Article XVI: LEAVES

ARTICLE XVI: LEAVES 1

Mandatory Reports: The employee shall file a statement with the superintendent, or 2

his/her designated representative, explaining the cause for the absence. 3

Reporting procedures: All employees shall report their absences according to the 4

reasonable procedures established by the District. 5

A. ILLNESS LEAVE 6

1. Eligibility 7

Sick leave benefits enable an employee to receive all or a portion of 8

his/her regular pay during instances of absence from duty due to personal 9

disability. In addition to instances of personal disabling illness or injury, the 10

following circumstances shall also qualify for benefits: 11

a. Absences directly related to health, such as treatments and diagnostic 12

physical examinations when such treatments as examinations must be 13

made during school time, shall qualify for sick leave benefits. 14

b. Disability resulting from maternity shall be regarded in the same 15

manner as any other temporary disability and shall qualify for 16

payment of sick leave when all of the following conditions are met: 17

i. The period of maternity disability occurs during the employee's 18

duty year and not during a leave of absence without pay. 19

ii. The employee performs her duties as long as she is physically 20

able prior to her delivery. 21

iii. The employee provides the District with medical certification 22

of the specific date prior to delivery beyond which she cannot 23

continue to perform her duties and the specific date after her 24

delivery when she is able to resume her duties. This specific 25

inclusive period shall qualify for sick leave benefit. 26


Article XVI: LEAVES

2. Proration of Benefit 1

a. Twelve (12) days of paid personal illness leave per year of employment 2

shall be granted to a bargaining‐unit member employed five (5) days 3

a week for a work year consisting of the academic school year or 4

longer. Each of these "earned" days of leave shall be equal in the 5

amount to the employee's normal day of pay at the time the leave is 6

used, and leave not used in any one work year shall accumulate from 7

year to year without limit. A bargaining‐unit member employed for 8

less than the full academic school year shall be entitled to that 9

proportion of twelve (12) days sick leave as the number of months 10

he/she is employed per year bears to ten (10). 11

b. A bargaining‐unit member employed for less than five (5) full days a 12

week per work year shall be entitled to that proportion of twelve (12) 13

days sick leave as the number of days he/she is employed per week 14

bears to five (5). 15

c. While employed for less than a full 6/6 contract, a bargaining unit 16

member shall be entitled to that proportion of twelve (12) full days of 17

sick leave as the number of periods employed per day bears to six (6). 18

d. A bargaining unit member employed on a 7/6 contract shall earn 19

twelve (12) days of paid personal illness leave per year and shall utilize 20

accumulated sick leave at a rate not to exceed one (1) day for each full 21

day of absence. 22

e. Absences involving other than a normal full contract work day shall be 23

accounted for in terms of the actual periods of absence as related to 24

the normal number of periods in the unit member’s contract work 25

day. For the purposes of the Article, a full contract classroom teacher's 26

normal work day shall be defined as in Article X. 27


Article XVI: LEAVES

f. For those schools, including the Academy for Performing Arts, with 1

block schedules, the approximate two‐hour blocks of instruction as 2

well as conference/preparation time shall be considered as two 3

regular periods. 4

3. Utilization of Benefit 5

An employee's full annual entitlement of sick leave may be utilized, as 6

necessary, at any time during the work year in which earned. Should an 7

employee terminate employment prior to the end of their work year, any 8

leave which has been used in advance of being earned shall be deducted from 9

salary payable at the time of termination. 10

4. Differential Pay 11

For absences involving illness or injury in excess of the sum of the 12

current year's unused sick leave and accumulated sick leave, additional non‐13

accumulated leave shall be available for a period not to exceed one hundred 14

(100) days. The amount deducted for leave purposes from the teacher’s 15

salary shall be the actual amount paid to the substitute employee who was 16

employed to fill the position during the leave, or, if no substitute is employed, 17

the amount which would have been paid to a substitute. In no event the 18

amount deducted from the teacher’s salary shall exceed 50 percent of the 19

teacher’s salary. For example, if a teacher has 6 unused sick days in the 20

current year and has accumulated 50 sick days, the 56 days are used first with 21

the 100 school days of differential pay to follow. 22

5. Transfer of Incoming Leave 23

Accumulated personal sick leave shall be accepted from the previous 24

public school District employer provided that the unit member was employed 25

in that District for at least one year and begins employment in this District 26

during the school year immediately succeeding his separation. 27


Article XVI: LEAVES

B. PERSONAL LEAVE 1

1. Bereavement 2

An employee shall be entitled to a paid leave of absence, not to exceed 3

three days, or five days if out‐of‐state travel is required, on account of the 4

death of any member of his/her immediate family. The District may enlarge 5

the benefits of this section and may expand the class of relatives listed below 6

as members of the immediate family. Members of the immediate family, as 7

used in this section, means the mother, father, grandmother, grandfather, or 8

a grandchild of the employee or of the spouse of the employee, and the 9

spouse, son, son‐in‐law, daughter, daughter‐in‐law, brother or sister of the 10

employee, or any relative or singular individual designated as significant 11

other living in the immediate household of the employee. 12

2. Personal Emergency 13

During any school year an employee may use, at his or her election, 14

their days of accumulated sick leave benefits in the following cases of 15

personal emergencies: 16

a. Death of a member of his immediate family as defined in “1” above. 17

b. Accident, involving his person or property, or the person or property 18

of a member of his immediate family, as defined in “1” above, of such 19

an emergency nature that the immediate presence of the employee is 20

required during the work day. 21

c. Appearance in court as a litigant, or as a witness under an official 22

order. 23

d. Serious or critical illness of a member of the immediate family, as 24

defined in “1” above, calling for services of a physician, or of such an 25

emergency nature that the immediate presence of the employee is 26

required during the work day. 27


Article XVI: LEAVES

3. Personal Business 1

During any school year an employee may use, at his or her election, 2

with notification to the principal, a maximum of eight (8) days of personal 3

leave during any school year with said leave to be charged against the 4

accumulated sick leave of the employee. 5

4. Health/Family Hardships 6

Permanent members of the staff may be permitted, at the discretion 7

of the Board, to take leaves not in excess of one year for rest, restoration of 8

health, or the alleviation of hardship involving themselves or their immediate 9

family. 10

5. Personal Leave 11

Permanent members of the staff may be permitted, at the discretion 12

of the Board, to take leaves not to exceed two years for other personal 13

reasons. Said leaves must be requested and approved on a yearly basis. 14

C. MATERNITY/ADOPTION/PATERNITY LEAVE 15

An employee, requesting and being granted a leave of absence without pay for 16

reason of maternity, paternity, or adoption, shall be governed by the following 17

regulations: 18

1. Application Procedure 19

Requests for leave must be made on the approved form and must be 20

filed with the Certificated Human Resources Office along with a physician's 21

statement certifying the pregnancy and indicating the anticipated date of 22

delivery. In the case of adoption, legal verification must be submitted. 23

Application forms are available from the school principal's office or from the 24

Certificated Human Resources Office. 25

// 26

// 27


Article XVI: LEAVES

2. Approval 1

The Certificated Human Resources Office shall ensure that application 2

requirements are met and shall prepare such requests for presentation to the 3

Board of Trustees for action in accordance with direction given by the 4

Superintendent. 5

3. Duration 6

a. Maternity Leave 7

Maternity leave may begin at any time prior to or following delivery or 8

adoption; and may be for any period of the employee’s duty year not to 9

exceed one (1) full duty year. 10

b. Adoption Leave 11

For the purposes of adopting a child, a male or female teacher may be 12

granted up to a maximum of thirty (30) days of their accrued available sick 13

leave allotment to be taken for matters relating to the adoption process 14

or immediately upon adoption of a child pending availability of accrued 15

sick leave for a maximum of thirty (30) days. We recognize that the 16

process may overlap fiscal years; however, this total of thirty (30) days is 17

the maximum allowable for this process. This total is in addition to the 18

annual allotment of eight (8) days for personal business. 19

i. A teacher using leave per this section shall submit documentation 20

to verify the appropriate use of leave. 21

ii. Except in cases of emergency, the teacher requesting this leave 22

shall notify the district at least twenty (20) days in advance. 23

c. Paternity/Child Bonding Leave 24

A certificated unit member either married or in a registered domestic 25

partner relationship may be granted up to ten (10) days of accrued 26

available sick leave allotment to be taken immediately prior or upon the 27


Article XVI: LEAVES

birth of his/her child or care for the child or the mother of the child, or 1

when a severe emergency occurs with the mother of unborn or newborn 2

child, which unavoidably requires the immediate attention of the 3

employee for a maximum of ten (10) days. 4

i. Except in cases of emergency, the teacher requesting this leave 5

shall notify the district at least five (5) days in advance. 6

4. Return to Service 7

a. The District shall make provision for the return of an employee at the 8

conclusion of her maternity leave to an assignment equivalent to the 9

one held prior to the start of her leave, unless an employee agrees to 10

other assignment. 11

b. An employee desiring to terminate her leave prior to the approved 12

date shall be returned to service in an equivalent position to the one 13

previously held, unless she agrees otherwise, at the earliest possible 14

time that a suitable assignment becomes available. 15

c. Salary placement of employees returning to duty shall be as follows: 16

i. Time spent on leave shall not count as time worked for the 17

purpose of salary placement. 18

ii. An employee who returns to service during the same duty year 19

as when the leave began shall return at the salary position held 20

immediately prior to commencement of the leave. Salary 21

schedule advancement credit for that year shall be granted if 22

the number of days actually on duty during that year equals 75 23

percent, or more, of the total number of duty days that would 24

have been required of that employee. 25

iii. An employee who returns to service during the year following 26

commencement of her leave shall receive salary credit for that 27


Article XVI: LEAVES

preceding year if she was employed for 75 percent, or more, of 1

her annual duty days during that year. 2

D. CHILD REARING LEAVE 3

Upon request, an unpaid leave of absence shall be granted to an employee 4

following the birth or adoption of a child. 5

1. Application Procedure 6

An employee may request an unpaid leave of absence for purposes of 7

child rearing of a natural or adopted child. Said request shall be submitted in 8

writing to the Superintendent or designee as far in advance of the requested 9

commencement of the leave as possible. 10

2. Duration 11

The unpaid child rearing leave shall be limited to the remainder of the 12

semester in which the birth or adoption of the infant child occurs, plus the 13

following school semester. 14


The District shall make provisions for the return of an employee 16

granted a leave under this provision at the conclusion of his or her child 17

rearing leave to an assignment equivalent to the one held prior to the start 18

of said leave unless an employee agrees to another assignment. 19

E. INDUSTRIAL ACCIDENT/ILLNESS LEAVE 20

1. Duration 21

An employee shall be entitled to an industrial accident or industrial 22

illness leave of absence not to exceed sixty (60) days during which the schools 23

of the District are required to be in session or when the employee would 24

otherwise have been performing work for the District in any one fiscal year 25

for the same accident. 26

// 27


Article XVI: LEAVES

2. Verification 1

When an employee is absent from his/her duties because of an 2

industrial accident or illness, he/she will file with the Payroll Department, 3

within three (3) days of the first day of absence unless the nature of the 4

accident makes it impossible, an Illness Absence Verification Form signed by 5

his/her immediate supervisor, accompanied by a statement from a licensed 6

physician affirming that the industrial accident or illness does exist. He/she 7

shall, in the case of an industrial accident, report the accident to his/her 8

immediate supervisor before the close of the working day in which the 9

accident occurs; and the accident shall be reported by the supervisor to the 10

business division on the Unusual Occurrence Form within 24 hours of the 11

time the accident occurs. The Board of Trustees may require the employee 12

to submit to a physical examination by a second physician not associated with 13

the original physician at any time during the leave. The cost of the 14

examination shall be borne by the Board. 15

3. Starting Date 16

An industrial accident or illness leave shall commence on the first day 17

of absence, and shall be reduced by one day for each day of authorized 18

absence. When such leave overlaps into the next fiscal year, the employee 19

shall be entitled to only the amount of unused leave due him for the same 20

illness or injury. 21

4. Compensation 22

An employee absent from duties because of an industrial accident or 23

illness shall be paid such portion of the salary due him/her for any month in 24

which the absence occurs, as when added to his/her temporary disability 25

indemnity will result in a payment to him/her of not more than his/her full 26

salary. During such paid leave of absence, the employee shall endorse to the 27


Article XVI: LEAVES

District the temporary disability indemnity checks received because of 1

his/her industrial accident or illness. The District, in turn, shall issue the 2

employee appropriate salary warrants for payment of the employee's salary, 3

and shall deduct normal retirement and other authorized contributions. 4

5. Termination of Benefits 5

Upon termination of the industrial accident or illness leave, an 6

employee shall be entitled to the benefits provided in Education Code 7

Sections 44975, 44978, and 44983 in effect as of March 1, 1981 and for the 8

purpose of each of these sections, his/her absence shall be deemed to have 9

commenced on the date of termination of the industrial accident leave. 10

Provided the employee continues to receive temporary disability indemnity, 11

he/she may elect to take as much of his/her accumulated sick leave which, 12

when added to his/her temporary disability indemnity, will result in a 13

payment of not more than his/her full salary. 14

6. Residency Limitations 15

Any employee receiving the benefits of such leave shall, during 16

periods of injury or illness, remain within the State of California unless 17

advanced notice is sent to the District governing board. 18

Allowable leave shall not be accumulated from year to year. 19

F. SABBATICAL LEAVE 20

Sabbatical leave of absence is a privilege which may be granted by the Board 21

of Trustees to bargaining‐unit employees who qualify under provisions of this Article 22

and appropriate Education Code sections for the purpose of permitting study and/or 23

travel by the employee which will benefit the students and educational programs of 24

the District, as well as the employee. 25

// 26

// 27


Article XVI: LEAVES

1. Eligibility 1

In order to qualify for a sabbatical leave, an employee must have 2

rendered at least seven (7) consecutive years of contract service in the 3

District immediately preceding the beginning of the leave, and not more than 4

one (1) such leave, regardless of length, shall be granted in any seven‐year 5

period. Leave will not be granted in cases where mandatory retirement age 6

would prevent the employee from completing the leave and the required 7

period of service immediately following such leave (see "Return to Service" 8

section). In addition, in order to be eligible for sabbatical leave, a 9

bargaining‐unit member must be rendering satisfactory service at the time of 10

application for the leave and have received a satisfactory overall 11

performance rating for the school year immediately preceding the date of 12

application for leave. In no event however, shall an employee's sabbatical 13

leave approval be rescinded for reasons of unsatisfactory service after May 1 14

of the year in which the leave is approved. For the purpose of this eligibility 15

requirement, satisfactory performance shall be as defined by the District's 16

performance evaluation program. 17

2. Duration 18

Sabbatical leave will be granted only for one (1) or for two (2) 19

consecutive semesters, or the equivalent. However, priority consideration for 20

sabbatical leave requests will be to second semester leaves that will not 21

require the employment of a replacement. When a leave for two (2) 22

semesters involves two (2) consecutive school years, the second semester of 23

the leave will always be subject to reconsideration and contingent upon 24

continuation of a Board of Trustees policy providing for sabbatical leaves and 25

upon availability of funds. 26


Article XVI: LEAVES

During sabbatical leave, the recipient must have a valid credential for 1

the type of position from which he/she is on leave. Should that credential 2

expire or otherwise become invalid, leave and all salary and fringe benefits 3

shall cease. 4

3. Acceptable Programs 5

The following shall be deemed appropriate activities for acceptable 6

sabbatical leave programs: 7

a. Formal Study 8

i. A minimum of twelve (12) units of graduate study per 9

semester, or fifteen (15) units of undergraduate study per 10

semester, or the equivalent, will be required. This study, if 11

other than graduate‐level courses, must be justified by the 12

applicant including demonstration of the fact that graduate‐13

level courses are either not available or inadequate for his/her 14

purpose. All such course work, whether graduate or otherwise, 15

must be taken for credit, if credit is offered. This course work 16

must be in the person's major subject area, in the area of 17

his/her assignment with the District, in closely related fields, or 18

in areas of possible transfer or promotion. 19

ii. Professional and/or technical workshops or training schools 20

not providing academic units of credit can constitute all or a 21

part of this requirement but must be specifically justified by the 22

applicant and assigned a specific unit‐value by the Professional 23

Improvement Committee based upon the amount of time and 24

involvement required of the participant as related to the 25

amount of time and involvement normally required for various 26

units of academic credit. 27


Article XVI: LEAVES

b. Travel 1

An acceptable program will meet all of the following criteria: 2

i. Travel proposed should be other than that which would 3

be possible for the individual to accomplish during his 4

normal work year; 5

ii. Period of travel will amount to at least 60 percent of the 6

total calendar period of the leave; 7

iii. Minimum period of travel, as defined above, shall be 8

during what would have been the assignment or 9

contract duty period of the employee. 10

c. Research or Independent Study 11

For example, this program may be related to the individual's 12

regular assignment, related to the writing of a doctoral dissertation, 13

or be a project undertaken in conjunction with the school District. The 14

program should be the equivalent of a full‐time graduate study 15

program and conducted with close and continuous communication 16

between the District and the employee, as agreed upon in advance. 17

d. Combination 18

A program combining formal study, travel, and research or 19

independent study in any manner must equal, in total, the equivalent 20

of a full program. Individual components must be "prorated," based 21

upon the separate requirement for each type of program, in 22

proportion to that part of the total combination program represented 23

by each. (e.g., if a leave is to be one‐half graduate study and one‐half 24

travel, it would have to provide for at least six (6) units of graduate 25

study per semester of leave and travel for 30 percent of the leave 26

time.) 27


Article XVI: LEAVES

4. Maximum Number 1

The number of bargaining‐unit members granted sabbatical leaves 2

shall always be related to and dependent upon the availability of funds, but 3

the number of persons on sabbatical leave at any given time shall not exceed 4

a total of 3 percent of the bargaining‐unit members eligible. Should the 5

number of qualified applications exceed this number, first consideration for 6

approval shall be given those programs judged to be of greatest value to the 7

District. 8

5. Employment Limitations 9

Gainful employment while on sabbatical leave is not prohibited, 10

though leave shall not be granted for this purpose. The income earned from 11

any public school District while on leave, including sabbatical compensation, 12

shall not exceed a total equal to the person's regular earnable salary in the 13

District for that year. Leave shall not be granted for the purpose of studying 14

or training for a profession or occupation other than education. 15

While on leave, a bargaining‐unit member shall not be employed in 16

any other capacity by the Huntington Beach Union High School District. This 17

provision shall not prevent a bargaining‐unit member from performing 18

voluntary services for the District if these duties are consistent with and a 19

part of the individual's sabbatical program and acceptable to the District. 20

6. Application Procedures 21

Application for sabbatical shall be typewritten and made on the 22

District "Certificated Leave of Absence Request" form #50.27 which is 23

available from the school principal's office or the Certificated Human 24

Resources Office. Information in excess of that which can be included on the 25

official application form should be typewritten on additional plain sheets and 26

attached to the form. 27


Article XVI: LEAVES

Applications for sabbatical leaves to begin either first or second 1

semester must be received in the Certificated Human Resources Office not 2

later than the first school day in January of the preceding school year. 3

The procedural steps and time requirements for processing and 4

approval of requests shall be as follows: 5

a. By January 10, the Certificated Human Resources Office shall review 6

all applications for completeness and for verification of eligibility. 7

b. By January 25, a Professional Improvement Committee shall have 8

considered qualified applications. Applications shall be anonymous to 9

the Committee. Constituency of the Committee, and selection, shall 10

be as below: 11

i. Four (4) representatives of the instructional staff selected by 12

the Association. Such teachers shall be permanent status 13

teachers with no more than one (1) from any school and no 14

more than one (1) from any given subject area. 15

ii. One (1) principal or one (1) assistant principal with curriculum 16

responsibility. 17

iii. Instructional Division Administrator. 18

iv. Assistant Superintendent of Human Resources (Chairperson). 19

The Committee may consult with resource persons in 20

formulating its recommendations regarding sabbatical leave 21

requests. 22

c. By January 25, the Professional Improvement Committee shall submit 23

to the Assistant Superintendent of Human Resources 24

recommendations on all sabbatical leave requests, including rationale 25

for any requests not recommended for approval. 26


Article XVI: LEAVES

d. The Superintendent shall make his recommendations regarding 1

sabbatical leave requests to the Board of Trustees at the first meeting 2

in February. The reports and recommendations of the Committee 3

shall be attached to the Superintendent's recommendations to the 4

Board, including any minority reports or recommendations of the 5

Committee. Decisions on sabbatical leaves and recommendations 6

related thereto shall not be subject to grievance processing under 7

Article IX. 8

7. Approval Criteria 9

Generally, sabbatical leave requests shall be assessed as to their 10

relative value both to the professional improvement of the applicant, and to 11

the students and programs of the District. Applicants should address 12

themselves directly to these points and should make explicit how the 13

program they are proposing is significant in this regard. 14

In addition, each sabbatical leave request must contain the following, 15

as appropriate: 16

a. Formal Study 17

Must include name of institution, number of units to be earned 18

(if any), types of courses to be taken (specific titles, if possible), and 19

degree to be earned (if any). The applicant should have determined 20

his eligibility for admission and done as much additional planning as 21

possible prior to making his/her request. Supplementary details may 22

be required subsequent to tentative approval of leave and prior to the 23

start of leave. 24

b. Travel 25

Must include a detailed itinerary showing countries or places 26

to be visited (including dates of arrival and departure, if possible). 27


Article XVI: LEAVES

Emphasis must be given to the specific manner in which the proposed 1

travel will contribute to the professional improvement of the applicant 2

and how this experience will apply to growth of the educational 3

program and students of the District. Supplementary details may be 4

required subsequent to tentative approval of leave and prior to the 5

start of leave. 6

c. Research or Independent Study 7

Must include a detailed explanation of the project or area of 8

study and a specific outline giving procedural steps and timeline. 9

Particular emphasis should be given the ways in which the proposed 10

program will be of value to the individual, the students, and the 11

District. Whenever possible, and always when the project directly 12

involves the District, the applicant should provide for making periodic 13

progress reports during the leave period, as agreed upon in advance. 14

d. Combination 15

Must include information appropriate to the individual 16

components of the leave. While not an absolute requirement, highest 17

consideration shall be given those proposed programs in this category 18

which are conceived such that the various components of the program 19

comprise a unified whole, as opposed to different activities having 20

different purposes. 21

8. Compensation 22

Salary compensation for a bargaining‐unit member on sabbatical 23

leave shall be one‐half of the salary, which he/she would have received had 24

he/she remained in active service. 25

The bargaining‐unit member may elect to receive his/her 26

compensation in one of two ways: 27


Article XVI: LEAVES

a. In the case of a one‐year leave, in two (2) equal amounts paid annually 1

during the first two (2) years of service immediately following return 2

from sabbatical leave, the first installment at the end of the first 3

semester of service and the second installment at the end of the third 4

semester. In the case of a one‐semester leave, in one (1) payment at 5

the end of the second semester of service immediately following 6

return from leave. 7

b. In the same manner as if he/she were in regular service in the District, 8

contingent upon the bargaining‐unit member furnishing the District 9

with a suitable bond indemnifying the District against loss of the salary 10

paid in the event that the bargaining‐unit member fails either to 11

complete the requirements of his/her leave program or that he/she 12

fails to render the required service in the Huntington Beach Union 13

High School District after completion of the leave. The Certificated 14

Human Resources Office will furnish details on the bonding process to 15

those persons electing this option. 16

Sabbatical leave shall count toward advancement on the salary 17

schedule and toward retirement, and District‐paid insurance coverage 18

shall continue during the leave period. 19

Service credit for the unit member's retirement is impacted by this 20

leave. A unit member who desires to purchase this service credit may 21

do so at the State Teachers' Retirement System's prevailing rate. 22

The bargaining‐unit member electing option 2 above shall be 23

responsible for notifying the payroll section of the Accounting 24

Department of the mailing address to which he/she wishes his/her 25

warrants to be sent. 26

// 27


Article XVI: LEAVES


As a condition of being granted a sabbatical leave, a bargaining‐unit 2

member must render a period of service in this school District which is equal 3

to twice the period of the leave. This service obligation must be served 4

beginning the semester immediately following completion of the sabbatical 5

leave. 6

At the expiration of the sabbatical leave, the bargaining‐unit member 7

shall, unless he/she agrees otherwise, be reinstated in a position 8

classification equivalent to that held by him/her at the time of the granting 9

of the leave of absence. 10

10. Evidence of Fulfillment 11

Each bargaining‐unit member returning from sabbatical leave shall, 12

within 60 days after return to service, file the following with the Certificated 13

Human Resources Office. Failure to do so shall constitute nonfulfillment of 14

leave and result in forfeiture of all leave compensation. 15

a. College Transcript 16

When any portion of the leave involves formal college course 17

work, an official transcript of all units taken must be provided. 18

19

b. Written Report: 20

This report shall be typed and bound. It shall include a 21

complete list of institutions attended, courses pursued, credits 22

received, and/or itinerary of travel. In addition, each of the following 23

shall be treated in detail: 24

i. Experience gained, as it relates to assignment in the District; 25

ii. How this experience will benefit and may be shared with 26

students and bargaining‐unit members of the District; 27


Article XVI: LEAVES

iii. A complete listing of all pertinent materials either developed 1

or collected during leave and how they may be of value and 2

made available to students and staff. 3

c. Concise Summary 4

Accompanying the written report, there shall be a concise 5

summary of the leave, its purposes and accomplishments, not to 6

exceed one (1) typewritten page. 7

The Professional Improvement Committee shall meet to review 8

these materials and shall recommend to the Superintendent those 9

persons having fulfilled requirements. 10

11. District Responsibility 11

The following shall be the responsibilities of the District administration 12

with regard to completed sabbatical leaves, and which shall occur annually in 13

November or December: 14

a. The Superintendent shall submit to the Board of Trustees a list of 15

those bargaining‐unit members having completed sabbatical leaves 16

and having provided evidence of fulfillment of leave. 17

b. The written reports of sabbatical leaves completed during the 18

preceding year shall be presented to the Board of Trustees for their 19

review. 20

c. Sabbatical leave reports shall be maintained on file in a central 21

location in the District along with a listing of sabbatical leave projects 22

including the one‐page summaries. These reports shall be available to 23

bargaining‐unit members and students. 24

d. A collection of the one‐page summaries of the sabbatical leaves each 25

year shall be published by the District and circulated to all interested 26


Article XVI: LEAVES

bargaining‐unit members for their information and for possible 1

utilization. 2

e. Sabbatical leave materials shall be duplicated by the District for 3

schools and departments making specific requests. 4

12. Interruption 5

Should a sabbatical leave program be interrupted, the following shall 6

apply: 7

a. If due to serious accident or illness, evidence of which is satisfactory 8

to the Superintendent and supplied within ten (10) days of the 9

occurrence, or as soon thereafter as possible, there shall be no 10

prejudice against the employee regarding amount of compensation to 11

be paid. Compensation shall continue until the employee is able to 12

resume his leave, the leave period expires, or the leave is converted 13

to another type leave without pay. 14

The entire period during which compensation is paid shall count as 15

sabbatical leave time for purposes of computing the post‐sabbatical 16

service requirement. 17

b. Once begun, if a leave must be canceled or shortened for any reason, 18

the employee must notify the Superintendent immediately. 19

Compensation shall stop at the time the actual leave program is 20

discontinued and the employee shall be returned to the District at the 21

earliest possible time. The employee is not entitled to compensation 22

for that portion of his/her approved sabbatical leave which is canceled 23

or converted to a non‐paid leave. 24

c. Nothing in this section shall apply to an instance of deliberate, willful 25

failure to complete sabbatical leave requirements. In such a case, all 26


Article XVI: LEAVES

compensation shall be forfeited and a new eligibility period must be 1

served prior to the possibility of any subsequent sabbatical leave. 2

13. Interruption of Post‐Sabbatical Service Requirement 3

In order for a sabbatical leave recipient to be relieved from any portion 4

of the post‐sabbatical leave service requirement (equal to twice the period 5

of the leave), he/she must forfeit and, if he/she has elected to receive pay 6

during the leave, repay to the District the amount of sabbatical leave 7

compensation received which is equal in proportion to the period of 8

post‐sabbatical service requirement from which he/she is seeking relief. 9

Sabbatical leave recipients who elect to provide a surety bond in order to 10

receive compensation during leave should be aware that this bond is to 11

guarantee completion by the recipient of all requirements of the leave, 12

including fulfillment of the post‐sabbatical service obligation. 13

14. Liability of the Board of Trustees and the District 14

Both the Board of Trustees and the District shall be free from any 15

liability for the payment of any compensation or damages provided by law 16

for any death or injury of any bargaining‐unit employee of the District when 17

the death or injury occurs while the employee is on any leave of absence. 18

In all matters regarding sabbatical leave, the Education Code shall 19

govern, and all amendments to this Code affecting sabbatical leaves shall 20

become a part of this Article. 21

G. MISCELLANEOUS LEAVES 22

1. Military 23

a. Policy 24

The Board of Trustees shall grant military leave to all 25

employees who enter active military service during a period of 26


Article XVI: LEAVES

national emergency. Such leaves shall be granted in conformance with 1

the Education Code. 2

b. Application 3

Standard application forms are provided through immediate 4

supervisor's office. 5

Application shall be submitted to the Superintendent's Office 6

as soon after receipt of active duty orders as possible. 7

c. Verification 8

The Superintendent shall recommend and the Board grant such 9

leaves upon verification of active duty orders. 10

d. Salary and Position 11

Within six (6) months after employee honorably leaves such 12

service, employee shall be: 13

i. Entitled to return to the position held at the time of entrance 14

into service, if available, otherwise employee shall be returned 15

to a comparable position. 16

ii. Entitled to return at the salary to which he/she would have 17

been entitled had he/she not absented himself/herself from 18

the service of the District. 19

e. Return to Service 20

As soon as possible after the employee honorably leaves 21

military service, he/she shall notify the Superintendent in writing of 22

his/her intent to return to the District, including the date of return and 23

any changes in his/her State license and certification status that may 24

have occurred while in military service. 25

// 26

// 27


Article XVI: LEAVES

2. Exchange Teacher 1

a. Policy 2

Only employees who have completed at least three years of 3

successful teaching within the District may be granted leave of 4

absence under the exchange teacher program. No more than one such 5

leave shall be granted to a teacher for each seven years of successful 6

teaching in the District. 7

Only one exchange teacher shall be allowed at each school 8

within the District during a school year. 9

b. Application 10

Applications shall be submitted in writing to the 11

Superintendent, or designee, before the close of the first semester of 12

the school year preceding the requested leave. 13

The Superintendent shall present leave applications to the 14

Board with recommendation for approval or denial. 15

c. Salary and Position 16

At the beginning of the school year following the leave of 17

absence, the employee shall be entitled to: 18

i. Return to the position held at the time of granting of leave if 19

available, otherwise employee shall be returned to a 20

comparable position. 21

ii. Return at the salary to which he/she would have been entitled 22

had he/she not absented himself/herself from the services of 23

the District. 24

3. Foreign Teaching/Research 25

a. Policy 26


Article XVI: LEAVES

Employees may be granted leaves of absence for foreign 1

teaching or research projects, as provided for herein. Only certificated 2

personnel who have completed at least four (4) years of successful 3

teaching within the District may be granted leave of absence under 4

the foreign teaching or research program. No more than one (1) such 5

leave shall be granted to a teacher for each seven (7) years of 6

successful teaching in the Huntington Beach Union High School 7

District. 8

b. Application 9

Applications shall be submitted in writing to the Certificated 10

Human Resources Office before the close of the first semester of the 11

school year preceding the requested leave. 12

i. The employee shall submit written request through the 13

principal's office. 14

ii. The principal shall forward the request to the Assistant 15

Superintendent of Human Resources. 16

c. Salary and Position 17

At the beginning of the school year following the leave of 18

absence, the certificated employee shall be entitled to: 19

i. Return to the position held by him/her at the time of the 20

granting of leave, if available, otherwise employee shall be 21

returned to a comparable position. 22

ii. Return at the salary to which he/she would have been entitled 23

had he/she not been absent from the services of the District. 24

4. Elected Public Official 25

a. Eligibility 26


Article XVI: LEAVES

Employees who have been elected to public office in one of the 1

communities serving the Huntington Beach Union High School District 2

shall be eligible for up to three (3) days of paid leave of absence per 3

year to attend functions allied to their responsibilities in the elected 4

office. Such leave shall not be cumulative year to year. 5

b. Application 6

Application will be submitted in writing and approved by the 7

Superintendent or designee 48 hours in advance of such leave. The 8

written request shall outline the specific responsibilities to be 9

performed by the elected official during the period of leave. 10

5. Family/Medical 11

a. Policy 12

Family and medical leave is an unpaid leave provided for 13

employees in compliance with Federal law and California Government 14

Code Section 12945.2. Employees eligible for this leave may be 15

entitled to paid health care coverage for up to twelve (12) weeks. 16

b. Eligibility Reason 17

Family and medical leave may be available to an employee 18

through the Family Medical Leave Act and California Family Rights Act, 19

as required by law, after exhausting all other paid leaves for the 20

following reasons: 21

i. birth, adoption and foster care of a child. 22

ii. serious health condition of the employee's child, parent or 23

spouse. 24

iii. serious health condition of employee. 25

// 26

// 27


Article XVI: LEAVES

c. Definition 1

A "serious health condition" is one that involves either 2

inpatient care in a hospital, hospice or residential health care facility 3

or continuing treatment or continuing supervision of a health care 4

provider. 5

d. Eligibility 6

An employee is eligible to use this unpaid leave for the reasons 7

above if the employee has worked for the District on a full contract 8

during the last twelve months and has more than twelve months of 9

service with the District. 10

e. Duration 11

The unpaid leave may extend up to twelve weeks within the 12

fiscal year beginning July 1 and ending June 30. 13

f. Verification 14

The employee may be requested to provide a doctor's 15

certification of the health condition of the employee's relative and a 16

statement that the condition requires the employee to provide health 17

care. 18

g. Notification to District 19

An employee who plans to take family leave must provide the 20

District at least 30 days advance notice unless an emergency arises. 21

Where possible, the leave should be coordinated with the beginning 22

and/or end of a semester instructional program. 23

6. Jury Duty Outside the School Year 24

A unit member who receives notice to appear for jury duty during the 25

instructional work year may postpone jury duty to non‐teaching days (i.e., 26

during summer, spring, or winter breaks) and shall be compensated at the 27


Article XVI: LEAVES

current daily substitute rate for each day of jury duty served to a maximum 1

of twenty (20) days. The procedure for such postponement and 2

compensation is as follows: 3

a. Attach a copy of the original jury duty notice, written statement 4

concerning postponement, and signed official court validation for each 5

day of jury duty served. 6

b. Forward the above to Certificated Personnel. 7

c. Payment shall be made in the next regular payroll cycle. 8

H. CATASTROPHIC SICK LEAVE POOL 9

1. Eligibility 10

Unit members who suffer a catastrophic injury/illness which results 11

in the unit member exhausting all available paid leaves, including regular 12

sick leave, extended sick leave (differential), and industrial accident 13

leave, if applicable, shall become eligible to use this Catastrophic Sick Leave 14

Pool, subject to the restrictions and conditions outlined in these rules. This 15

Catastrophic Sick Leave Pool may not be used if the unit member applies for 16

or has purchased any other benefit or disability insurance program or 17

income protection program either public or private unless the total benefit 18

is less than 100 percent of the unit member's basic salary. Unit members 19

having any additional income benefit must apply for that benefit before 20

they are considered eligible for benefits from the Catastrophic Sick Leave 21

Pool. Does not include STRS Disability. 22

2. Definition 23

Catastrophic illness or injury is defined to be an illness or injury that is 24

expected to incapacitate the unit member for an extended period of time 25

that requires the unit member to take time off from work for an extended 26

period of time, and taking extended time off work creates a financial hardship 27


Article XVI: LEAVES

for the unit member because he/she has exhausted all of his or her sick leave 1

and other paid time off. 2

The Catastrophic Sick Leave Pool committee reserves the right to 3

request a second opinion from a physician licensed by the State of California. 4

3. Donation Eligibility 5

The use of this Catastrophic Sick Leave Pool shall be available to those 6

unit members who have made a donation of at least five (5) days to the pool 7

prior to each request. The exception to this restriction shall be any unit 8

member who was absent due to an approved catastrophic injury/illness 9

allowed under this rule at the time of the implementation of the Catastrophic 10

Sick Leave Pool. 11

4. Irrevocable Donation 12

Unit members may donate accumulated sick leave days to the 13

Catastrophic Sick Leave Pool at a minimum of one (1) day increments. This 14

donation shall be irrevocable. Donated sick leave will not count for 15

retirement credit purposes for the donor. The unit member shall sign an 16

irrevocable “Catastrophic Sick Leave Pool Deposit Form” with the 17

Certificated Human Resources Office. A donation to the Catastrophic Sick 18

Leave Pool shall be a general donation and from prior years’ accumulation, 19

and shall not be donated to a specific unit member for his/her exclusive use. 20

5. Donation Limit 21

There is no limit to the number of sick leave days a unit member may 22

donate to the Catastrophic Sick Leave Pool, so long as the minimum number 23

of accumulated sick leave days available to the unit member is twenty‐five 24

(25) days. 25

a. Unit members may not contribute to the Catastrophic Sick Leave Pool 26

at the time of retirement or other separation from the District. Should 27


Article XVI: LEAVES

the unit member donate within 90 work days of retirement or 1

separation, such sick leave donation shall be withdrawn from the 2

Catastrophic Sick Leave Pool. 3

6. Exclusion 4

Any mental stress related illness may be excluded from the benefits 5

of this rule, unless the unit member is hospitalized. 6

7. Donation Period 7

Unit members may donate earned sick leave to the HBUHSD/DEA 8

Catastrophic Sick Leave Pool during the period of October 1 to October 31 9

of any school year. 10

8. Application 11

All unit members wishing to use this Catastrophic Sick Leave Pool 12

shall submit a “Catastrophic Sick Leave Pool Request for Withdrawal Form.” 13

This form shall be submitted to the Certificated Human Resources Office. 14

The request shall state the number of days being requested by the unit 15

member. A Catastrophic Sick Leave Pool Committee, consisting of two (2) 16

DEA representatives (DEA President and a representative appointed by 17

DEA) and two (2) District representatives (Assistant Superintendent, Human 18

resources and an administrator selected by the District), shall determine: 19

a. Whether or not the unit member qualifies for catastrophic sick leave 20

benefits, 21

b. The number of days allotted from the Catastrophic Sick Leave Pool. 22

The number of days allotted may not exceed the number of days in 23

the Catastrophic Sick Leave Pool. 24

Catastrophic Sick Leave Pool benefits may only be used for periods 25

the unit member is normally in regular contractual paid status. 26


Article XVI: LEAVES

9. Duration 1

The maximum number of days allowed to be utilized by one unit 2

member for a single catastrophic injury/illness shall not exceed ninety (90) 3

days. A unit member may request a specific number of days on one 4

“Catastrophic Sick Leave Pool Request for Withdrawl Form.” The unit 5

member may request additional day sup to the ninety (90) day limit by filing 6

an additional request for consideration by the Committee. 7

10. Approval 8

Any days approved that are unused by the unit member shall be 9

returned to the Catastrophic Leave Pool. 10

11. Compensation 11

If a unit member uses a day from the Catastrophic Sick Leave Pool, 12

pay for that day shall be at the same rate the unit member would have 13

received had the unit member worked that day. 14

12. Status 15

Unit member who are granted use of Catastrophic Sick Leave Pool 16

days shall be considered in regular paid status during such use for all 17

purposes. 18

13. District Responsibility 19

During September of each year, the Certificated Personnel Office 20

shall provide the Association a statement specifying the number of days 21

available in the Catastrophic Sick Leave Pool as of September 1 of that year 22

and the number of days used in the previous fiscal year.23


Article XVII: Class Size

ARTICLE XVII: CLASS SIZE 1

A. Effective July 1, 2014, the maximum student contacts per five (5) period teaching 2

day shall not exceed 185 students/teacher/day in all subject areas excluding 3

performing arts, special education (See Section D below), and physical education 4

(See Section 1 below). 5

B. Effective July 1, 2014, the maximum student contacts per five (5) period teaching 6

day shall not exceed 185 students/teacher/day in all subject areas excluding 7

performing arts, special education (See Section D below), and physical education 8

(See Section 1 below). 9

1. Unit members who are on a reduced/part‐time/split assignment contract 10

shall have a prorated number of students per day: 11

Contacts if teaching 2 academic classes 74 12





C. Except as provided in items A and E below, no individual class shall exceed 37 17

students after fifteen (15) working days following the start of the semester. 18

D. Special Education 19

1. Effective July 1, 2016, CASELOAD: 20

SUCSESS/Moderate‐Severe Maximum of 10

LRI/Moderate‐Severe Maximum of 12

Endeavors/Mild‐Moderate Maximum of 12

Pathways/Mild‐Moderate Maximum of 12

LINC/Moderate‐Severe Maximum of 12

SAC/Moderate‐Severe Maximum of 12

VOICES/Moderate‐Severe Maximum of 12



IDEAS/Moderate‐Severe Maximum of 12

Mild/Moderate Maximum of 26

ATP Maximum of 28

SLP District average of 55 to max of 60

2. Effective July 1, 2014, all full‐time special education teachers will be 1

provided scheduled teacher‐initiated release time that will be 2

collaboratively scheduled between the individual special education 3

teacher and the Certificated Human Resources office, based on substitute 4

teacher availability, for the purpose of required standardized testing for 5

Individual Education Plans (IEPs). For teachers that meet the above 6

criteria, the District will provide one half (½) day of release time per 7

student on a caseload when testing is required for an annual or triennial 8

IEP, and/or for the purpose of completing documents/records relating to 9

an IEP. Regardless of caseload, the one half (½) day of release time shall 10

not exceed a total of five (5) full days per teacher per year. A teacher may 11

choose to combine two (2) half (½) days and take one (1) full day of 12

release time when testing is required for multiple students for an annual 13

or triennial IEP. The maximum of five (5) full days may not be taken 14

consecutively. Part‐time teachers will be provided a prorated amount of 15

release time. The released employee shall be required to be on duty and 16

on campus or at a District facility on those days he/she is released for the 17

above stated purposes. 18

E. Collaborative Classes/Co‐Teaching 19

Effective July 1, 2015, a collaboration/co‐teaching class exists when a general 20

education teacher is assigned a class which combines both general education 21

students and students with disabilities and, to support the students with disabilities, 22



a Special Education teacher is assigned to co‐teach with the General Education 1

Teacher. 2

1. Collaboration Classes shall not exceed a class size maximum of thirty‐five 3

(35) students. In addition, the number of students with disabilities will 4

not exceed forty percent (40%) of the number of students in the class 5

without utilizing the Collaboration/Co‐Teaching Resolution Committee. 6

a. Each collaboration assignment teacher shall report any issue(s) as 7

soon as it is reasonably known to site administration and case 8

manager (when applicable) for a mutually agreeable resolution. If a 9

resolution cannot be reached, the Collaboration/Co‐Teacher 10

Resolution Committee consisting of the site administrator, a District 11

designee, an Association designee, and two currently assigned 12

collaboration teachers chosen by the Association will convene to 13

resolve the issue. 14

b. The process to be followed shall be in accordance with Appendix H. 15

2. A reasonable attempt shall be made to assign Collaboration Teachers a 16

common prep period to facilitate planning and preparation. 17

3. If a common prep period is not possible, then teachers will be 18

compensated at Voluntary Hourly Rate of Pay in accordance with 19

Appendix C, Section A.4, with a maximum of twelve (12) hours per 20

semester. 21

4. Teachers shall be provided the opportunity to volunteer to teach a 22

Collaboration/Co‐Teaching Class and shall not be required to do so. 23

F. Academic Classes 24

The District agrees to monitor and support academic classes that have both general 25

education and special education students and will make appropriate 26

accommodations for students based on Individual Education Programs (IEPs). 27



G. During August 15 to October 15 of each year, upon mutual written agreement 1

between the District, the unit member, and DEA, a unit member may agree to 2

exceed the student maximums as described herein (Appendix H). Exceeding student 3

maximums is voluntary in nature and may not be appropriate for all teaching staff. 4

Only permanent employees or employees with a minimum of three years of 5

certificated teaching experience may volunteer. Administrators shall respect the 6

complexity of exceeding student maximums and the decision of a unit member to 7

decline an offer. 8

H. Exceeding the student maximums as described herein may only be considered after 9

mutual written agreement is reached by a group consisting of the effected 10

teacher(s), site administrator, department coordinator, and an Association 11

designee. The process to be followed shall be in accordance with Appendix H, Class 12

Size Problem Solving. 13

I. The Association reserves the right to bargain the impact on class size reduction if 14

implemented by the District during the term of this Agreement. 15

J. The District will establish a class size maximum of 37 for both semesters in 16

honors/AP/IB classes. 17

K. Effective July 1, 2014, the District will establish a class size maximum of 55 for both 18

semesters in physical education classes after 15 working days following the start of 19

the semester. 20

L. Combination Classes are defined as two or more course codes in the same period 21

assigned to one teacher excluding student aides, lab specialists, and/or peer tutors. 22

Combination classes shall only be permitted if approved by following the process in 23

accordance with Appendix H. 24


Article XVIII: ORGANIZATIONAL SECURITY

ARTICLE XVIII: ORGANIZATIONAL SECURITY 1

A. Any unit member who is a member of the DEA/CTA/NEA, or who has applied for 2

membership, may sign and deliver to the District an assignment authorizing 3

deduction of unified association membership dues. Such authorization shall 4

continue in effect from year to year unless revoked in writing. A unit member who 5

revokes his/her authorization for the payroll deduction of unified dues, during the 6

term of this agreement, shall transmit such amount to the Association in compliance 7

with Sections B and C below. 8

B. Any unit member who is not a member of the DEA/CTA/NEA, or who does not make 9

application for membership within thirty (30) calendar days of the effective date of 10

this Agreement, or within thirty (30) calendar days from the date of commencement 11

of assigned duties within the bargaining unit, shall become a member of the 12

Association or pay to the Association a fee in an amount equal to the unified 13

membership dues (appropriately prorated for part time employment), initiation fees 14

and general assessments payable to the Association in one lump sum cash payment 15

in the same manner as required for payment of membership dues, provided, 16

however, that the unit member may authorize payroll deduction for said fee in the 17

same manner as provided in Section A of this Article. In the event that a unit member 18

shall not pay said fee directly to the Association, or authorize payment through 19

payroll deduction as provided in Section A, the Association shall so inform the 20

District, and the District shall immediately begin automatic payroll deduction as 21

provided in Education Code Section 45061 and in the same manner as set forth in 22

Section A of this Article. There shall be no charge to the Association for such 23

mandatory agency fee deductions. 24

C. Any unit member who is a member of a religious body whose traditional tenets or 25

teachings include objections to joining or financially supporting employee 26

organizations shall not be required to join or financially support DEA/CTA/NEA as a 27



condition of employment; except that such unit member shall pay, in lieu of the 1

unified membership dues, a sum equal to said amount to one of the following 2

nonreligious, nonlabor organization charitable funds exempt from taxation under 3

Section 501(c) (3) of Title 26 of the Internal Revenue Code: 4

Children's Hospital of Orange County 5

Huntington Beach Union High School District Dollars for Scholars 6

Foundation to Assist California Teachers 7

Any other charitable, non‐profit organization mutually agreed to by 8

the unit member and the Association. 9

1. Proof of payment and a written statement of objection along with verifiable 10

evidence of membership in a religious body whose traditional tenets or 11

teachings object to joining or financially supporting employee organizations, 12

pursuant to Section C above, shall be made on an annual basis to the District 13

as a condition of continued exemption from the provisions of Section A and 14

B of this Article. Proof of payment shall be in the form of receipts and/or 15

canceled checks indicating the amount paid, date of payment, and to whom 16

payment in lieu of the service fee has been made. Such proof shall be 17

presented in accordance with the timelines contained in Section B above. The 18

Association shall have the right of inspection in order to review said proof of 19

payment. 20

D. With respect to all sums deducted by the District pursuant to Sections A and B above, 21

whether for membership dues or agency fee, the District agrees promptly to remit 22

such monies to the Association accompanied by an alphabetical list of unit members 23

for whom such deductions have been made, categorizing them as to membership 24

or non‐membership in the Association and indicating any changes in personnel from 25

the list previously furnished. There shall be no charge to the Association for such 26

deductions. 27



E. The Association agrees to furnish any information needed by the District to fulfill the 1

provisions of this Article. 2

F. The Association agrees that it will indemnify and hold harmless the District from 3

attorney's fees, costs, charges, fees, awards and damages arising out of any matter 4

commenced against the District due to compliance by the District with its obligations 5

under this Article. The District agrees that in consideration of the Association's 6

obligation hereunder the District will notify the Association in writing of any matter 7

within thirty (30) days of service thereof upon the District. The District and the 8

Association shall both fully cooperate with each other on any matter commenced 9

against the District. The Association may, at its discretion, determine whether to 10

defend, settle in whole or in part, or appeal the matter. In the event the Association 11

makes a determination to settle or not to appeal, its liability under this section shall 12

be limited to costs, fees, charges, awards, judgments and/or settlements to that 13

date. If the District continues to participate in the matter, it shall be at its own 14

expense for further monetary obligations. 15

G. REBATE PROCEDURE 16

1. A fee payer may receive a rebate of the portion of the agency fee which 17

represents political or ideological spending on the part of the Huntington 18

Beach Union High School District Educators Association, CTA/NEA not related 19

to collective bargaining or employment matters. 20

2. The fee payer must request that the above described portion of the agency 21

fee must be made in writing to the President of Huntington Beach Union High 22

School District Educators Association, 20800 Beach Blvd., Suite 200, 23

Huntington Beach, California 92648‐5233 on or before August 1 of any year. 24

3. The Association shall rebate by December the described portion plus interest 25

from 30 days following receipt of the first fee payment during the first year 26

and from September 30 thereafter. 27



4. If the fee payer disagrees with the amount, he/she may challenge the amount 1

by notifying the Association in writing of the disagreement and request that 2

an arbitrator determine the rebate amount. Such notice must be sent to the 3

Association within fifteen days of the date on which the Association notifies 4

the fee payer of the refund it has determined is due. 5

5. The arbitration, including procedure for selection of an arbitrator, will be 6

conducted pursuant to the rules of the American Arbitration Association. 7

Such arbitration will be consolidated into a single proceeding with all similar 8

arbitrations throughout the state. Huntington Beach Union High School 9

District Educators Association/CTA/NEA will pay all the arbitrator's fees for 10

the arbitration. The fee payer will pay the fees and costs incurred by his/her 11

own representation at the arbitration. 12

The Association shall establish an escrow account and deposit sufficient 13

funds to meet all rebate requests.14


Article XIX: SAFETY CONDITIONS

ARTICLE XIX: SAFETY CONDITIONS 1

A. Any abuse of school personnel, assault or battery upon school personnel, or any 2

threat of force or violence directed toward school personnel, at any time or place 3

which is related to school activity or school attendance, shall be reported by 4

employees to their immediate administrator. Employees shall complete reports 5

required by the District relating to the violations described herein. Teachers may use 6

reasonable force in the performance of their duties when necessary to insure the 7

safety of themselves or others, or necessary for reasonable control of their students. 8

This provision shall not be construed to authorize corporal punishment by teachers. 9

1. The District shall take appropriate action, as provided in Education Code 10

44014 whenever a Teacher, while in attendance at school or related school 11

functions, is physically or verbally attacked by another person or persons. 12

See Appendix I. 13

B. Employees shall be provided coverage under the terms and conditions of the District 14

Worker's Compensation program and illness leave provision for any injury or illness 15

arising out of or in the course of their employment. 16

C. Employees shall be responsible for immediately submitting written reports to their 17

immediate administrator of unsafe working conditions, facilities, and/or equipment. 18

The school/District will strive to respond to the employee's notification within one 19

week of receipt of the report. The response should indicate the remedy as well as 20

the estimated time necessary to correct the problem. 21

D. District will respond within a reasonable time to reports filed on District provided 22

Incident Report Form (Appendix I). The Incident Report Form is a mutually agreed 23

upon form. 24

E. Costs of repairing or replacing property damaged or stolen from a teacher while in 25

the line of duty will be reimbursed by the District in cases where prior approval has 26



been obtained consistent with limits established upon this cost. This is in accordance 1

with Section 817 of the California Education Code. 2

1. Limitation on Coverage 3

This rule applies to those items belonging to an employee which may 4

regularly or occasionally be voluntarily utilized by them in order to facilitate 5

the performance of their duties. The intent is not to insure items of personal 6

apparel, jewelry, health aids, and the like which are considered a part of an 7

employee's person and normally on their person or in their possession while 8

performing their duties. 9

3. Limitation on Compensation 10

Where theft or damage of authorized personal property occurs, the 11

District liability will not exceed $2,000 per employee in any school year and 12

will not apply to claims of less than $10. 13

3. Burden of Proof 14

In the case of a claim under this Article, the employee shall bear the 15

burden of proof that the property concerned was duly authorized, in 16

accordance with procedures specified in this Article, that the property was 17

damaged or stolen while being utilized in the line of duty, and that the theft 18

or damage was in no way the fault of an employee who exercised reasonable 19

care. 20

4. Procedure for Approval of Authorized Personal Property on District Sites 21

The teacher submits a written request on the District approved form 22

to the principal or designee describing the property and listing approximate 23

dates for its use during the year. Once approval is granted, it remains in effect 24

for the entire school year. 25

5. Claim for Reimbursement 26

In case of loss or damage within the provisions of this Article, the teacher shall 27



submit a claim for reimbursement on the District approved form.1


Article XX: SAVINGS PROVISION

ARTICLE XX: SAVINGS PROVISION 1

If any provisions of this Agreement are held to be contrary to law by a court of 2

competent jurisdiction, such provisions will not be deemed valid and subsisting 3

except to the extent permitted by law, but all other provisions will continue in full 4

force and effect.5


Article XXI: CONCERTED ACTIVITIES

ARTICLE XXI: CONCERTED ACTIVITIES 1

It is agreed and understood that there will be no strike, work stoppage, slow‐down, 2

or refusal or failure to fully and faithfully perform job functions and responsibilities, or other 3

interference with the operations of the District by the Association, or by any of the 4

Association's officers, agents, or members during the term of this agreement, including 5

compliance with the request of other labor organizations to engage in such activity. 6

The Association recognizes the duty and obligation of its representatives to comply 7

with the provisions of this agreement and to make every effort toward inducing all 8

employees to do so. In the event of a strike, work stoppage, slow‐down, or other 9

interference with the operations of the District by employees who are represented by it, 10

the Association agrees in good faith to take all necessary steps to cause those employees 11

to cease such action. 12

It is agreed and understood that any employee violating this Article may be subject 13

to discipline up to and including termination by the District. 14

It is understood that in the event this Article is violated the District shall be entitled 15

to withdraw any rights, privileges or services provided for in this Agreement from any 16

employee and/or the Association.17


Article XXII: SUPPORT OF AGREEMENT

ARTICLE XXII: SUPPORT OF AGREEMENT 1

The District and the Association agree that it is to their mutual benefit to 2

encourage the resolution of differences through the meet and negotiation process. 3

Therefore, it is agreed that the District and Association will support this Agreement for its 4

term.5


Article XXIII: EFFECT OF AGREEMENT

ARTICLE XXIII: EFFECT OF AGREEMENT 1

It is understood and agreed that the specific provisions contained in this 2

Agreement shall prevail over present and past District practices, procedures, and 3

regulations, and over State Laws to the extent permitted by State Law.4


Article XXIV: COMPLETION OF MEET AND NEGOTIATION

ARTICLE XXIV: COMPLETION OF MEET AND NEGOTIATION 1

During the term of this Agreement, except as provided elsewhere in this 2

Agreement, the Association expressly waives and relinquishes the right to meet and 3

negotiate and agrees that the District shall not be obligated to meet and negotiate with 4

respect to any subject or matter whether referred to or covered in this Agreement or not.5


Article XXV: TERM OF AGREEMENT

ARTICLE XXV: TERM OF AGREEMENT 1

A. This Agreement shall remain in full force and effect for three years, July 1, 2015 to 2

June 30, 2018; and thereafter shall continue in effect year by year unless one of the 3

parties notifies the other in writing of their intent to request modification, 4

amendment or termination of the Agreement. Notification must be made no later 5

than the last regularly scheduled Board meeting of the January preceding the 6

expiration of the current Agreement. 7

B. Notwithstanding the provisions of section A above, this Agreement shall remain in 8

full force and effect until a successor agreement is negotiated between the District 9

and the Association. 10

C. In addition, the District and the Association agree to begin negotiations on the 11

successor agreement not later than March 1 of the year of the expiration of the 12

Agreement.13


Article XXVI: REDUCTION‐IN‐FORCE ACTIONS AND EFFECTS RELATED THERETO

ARTICLE XXVI: REDUCTION‐IN‐FORCE ACTIONS AND EFFECTS RELATED THERETO 1

A. The District and the Association agree that all Education Code procedural 2

requirements and provisions for layoff of unit members shall be observed if the 3

District determines that reduction in force is necessary. During the Education Code 4

reemployment period following layoff, the procedures used by the District to rehire 5

laid off teachers shall not be arbitrary or capricious. 6

B. The District and the Association agree that alleged violation of the procedure and 7

requirements described in Item A, above, shall be excluded from the provisions of 8

Article IX (Grievance Procedure) of this Agreement. 9

C. Article XV (Fringe Benefits) shall provide fringe benefit coverage through September 10

30 for those unit members working a full school year, including all unit members 11

given a layoff notice as a result of a Reduction‐in‐Force action by the Board. Any laid 12

off teacher who is available to serve as a substitute for 75% of offered assignments 13

in each school quarter may continue to be provided full employee and dependent 14

health, dental and vision fringe benefit coverage at his/her own expense by paying 15

the necessary premium according to District procedures. 16

D. During the Education Code reemployment period following layoff, the District shall 17

compensate all teachers laid off in accordance with the Reduction‐In‐Force action at 18

their daily rate of pay should they be utilized as a substitute teacher. 19

E. The District will maintain no fewer than one (1) media specialist position and one (1) 20

school nurse position at each comprehensive high school. 21

F. The District shall not bargain with any sub group of the unit on the effects of the 22

Reduction‐In‐Force action. 23

G. The District shall provide upon written request from the Association once each 24

semester a list showing the certification and seniority of all unit members; the 25

District shall remit to the Association a copy of any Commission on Credentials 26

notifications of changes in employee certification. 27


Article XXVI: REDUCTION‐IN‐FORCE ACTIONS AND EFFECTS RELATED THERETO

H. The District and the Association each voluntarily and unqualifiedly waives the right, 1

and each agrees that the other shall not be obligated, to bargaining collectively 2

with respect to any subject or matter related to Reduction‐In‐Force actions, and 3

effects related thereto, even though such subject or matter may not have been 4

within the knowledge or contemplation of either or both of the parties at the time 5

they negotiated or signed this Agreement.6


Article XXVII: NOTICE

ARTICLE XXVII: NOTICE 1

Effective July 1, 1981, the District agrees to transmit a copy of its Board of Education 2

Meeting Public Agendas to the Association. The transmittal of those agendas shall 3

constitute both actual and constructive notice to any and all District actions which might 4

be construed to have an effect on items with the scope of representation. 5

A. If the Association desires to bargain on a subject(s), as provided for in this Article, it 6

shall submit ten (10) copies of an entire proposal on said subject(s), which it believes 7

are within the mandatory scope of bargaining and which are impacted by the 8

proposed Board action. Said Association proposal, if any, shall include its justification 9

as to why it wishes to bargain on the subject(s). 10

B. Should the Association not request to bargain pursuant to A above, within fifteen 11

(15) calendar days after the Board meeting at which such action was agendized, it 12

shall unqualifiedly waive all right to bargain any effect on such action during the term 13

of the Agreement between the District and the Association.14


Article XXVIII: CONTRACTS

ARTICLE XXVIII: CONTRACTS 1

A. REGULATION 2

A certificated employee to be employed or to be continued in employment 3

shall be governed by the following: 4

1. Basis of Contract 5

Upon approval of employment or reemployment by the Board of 6

Trustees the Certificated Human Resources Office shall provide the employee 7

with a contract stating the term, appropriate salary for his/her assignment, 8

and special assignment, if any. 9

a. A full‐time, full‐year employee shall receive the full annual salary 10

appropriate to his/her position. 11

b. A full‐time, partial‐year employee shall receive that portion of the 12

normal full‐day salary consistent with the number of official duty days 13

to be worked. 14

c. An employee with less than a full‐day assignment shall receive that 15

portion of a normal full‐day salary consistent with the portion of the 16

normal full‐day duties included in his/her assignment. 17

i. Partial‐day salary for teachers shall be based upon a full‐day 18

defined as five teaching periods, or the equivalent, and one 19

conference or office period, for the purposes of this rule, and 20

shall reflect the fact that responsibility for a conference period 21

and other related duties are substantially reduced in a part‐day 22

assignment. 23

ii. When administratively feasible the District shall make a good 24

faith effort to minimize partial employee contracts. In any 25

event the use of partial employee contracts shall not be 26

created arbitrarily. 27



iii. Partial‐day salary for media specialists, and other certificated 1

positions shall be the appropriate portion of a full‐duty day 2

salary, with a full‐duty day for these positions defined as seven 3

and one‐half hours, for purposes of this rule. 4

d. Issuance of Contract 5

The Certificated Human Resources Office shall provide new 6

employees with the appropriate contract as soon as possible after 7

approval of employment by the Board of Trustees. Continuing 8

employees shall be provided with a reemployment notice, in like 9

manner, as soon as possible after their employment. 10

e. Accepting or Declining Contract 11

i. Employees shall indicate acceptance of employment or 12

reemployment by returning signed contracts to the 13

Certificated Human Resources Office prior to established 14

deadline, as communicated to the employee by the 15

Certificated Human Resources Office. 16

ii. Employment may be declined by returning a contract unsigned 17

and stating, in writing, the fact of refusal. 18

iii. Employment or reemployment shall be deemed to have been 19

automatically declined if acceptance is not explicitly indicated 20

prior to deadlines. As provided by law, continuing probationary 21

employees must indicate acceptance within 45 days. 22

Permanent status employees must indicate acceptance prior to 23

July 1. 24

f. Seven‐sixths (7/6 Contracts) 25

i. Notwithstanding any other provision of this Article, 26

seven‐sixths (7/6) contracts shall be offered to unit members 27



only during the period from August 15 to October 15 of any 1

year, and only if a partial assignment was declined by the 2

qualified persons of the RIF list, if any. If administratively 3

feasible, single period assignments at individual schools will be 4

combined in order to generate partial assignment 5

opportunities. Said combination attempts shall not require or 6

exclude changes in master schedules. 7

ii. During the period August 15 to October 15 of each year, the 8

District shall notify the Association of the offering of 7/6 9

contracts to individual unit members prior to said offerings. 10

iii. During the period August 15 to October of each year, upon 11

mutual written agreement between the District, the unit 12

member, and DEA President or his/her designee, a unit 13

member may agree to teach an additional class (7/6ths) in lieu 14

of their assigned conference period. Extended assignments are 15

voluntary in nature and may not be appropriate for all teaching 16

staff. Only permanent employees or employees with a 17

minimum of three years of certificated experience may 18

volunteer for an extended assignment. Administrators shall 19

respect the complexity of an additional assignment and the 20

decision of a unit member to decline an offer. 21

iv. Each 7/6th assignment as described herein may only be 22

considered after mutual written agreement is reached by a 23

group consisting of the affective teacher(s), site administrator, 24

department coordinator, and an Association designee. The 25

process to be followed shall be in accordance with Appendix J, 26

7/6th Problem Solving. This group will give equitable and fair 27



consideration to the following non‐ranked criteria for selection 1

of permanent employees or employees with a minimum of 2

three years of certificated teaching experience volunteering for 3

extended assignments: 4

Credential 5

Expertise 6

Facilities 7

Corresponding conference period of need 8

Seniority 9

Training or Special Qualifications 10

No more than six (6) 7/6 contracts shall be offered on any one campus; one 11

(1) 7/6 contract for Coast High School. Assignments continuing through or created 12

for second semester must be submitted by the District to the Association in writing 13

no less than ten (10) days prior to the conclusion of the first semester for the 14

Association’s approval and must follow the same procedure as described in Section 15

F4 above.16


Article XXIX: ASSIGNMENT AND REASSIGNMENT

ARTICLE XXIX: ASSIGNMENT AND REASSIGNMENT 1

A. ASSIGNMENT 2

1. Initial assignment of a staff member new to the District will be made as a 3

result of the selection process whereby candidates are considered for specific 4

openings at particular schools. In this case, assignment will normally be to the 5

specific opening for which the applicant had been considered. However, a 6

variety of circumstances, such as unanticipated shifts in student enrollment, 7

may necessitate reassignment of an individual to some other position for 8

which he/she is qualified. Administrators shall make every effort to discuss 9

such reassignments ahead of time with the persons concerned. 10

2. Employees returning to the District from leaves of absence shall be returned 11

to service in an equivalent position to the one previously held, unless he/she 12

agrees otherwise. 13

3. Teachers shall be given an opportunity to apply for any open teaching 14

position at their school site as openings become available. 15

B. ASSIGNMENT OF FULL INCLUSION STUDENT 16

1. Definition 17

Full inclusion exists when students with an Individual Education Plan 18

(IEP), who have identified severe disabilities, are enrolled in age/grade 19

appropriate regular education classes. 20

2. Placement of Full Inclusion Student 21

Prior to the placement of a full inclusion student in any class, the 22

District when appropriate shall: 23

a. Inform the teacher of the student’s medical needs. 24

b. Provide the teacher with a copy of the school’s medical emergency 25

plan for the student. 26



c. Review the student’s IEP and provide the teacher with a written plan 1

that outlines the regular teacher’s specific responsibilities in 2

implementing the IEP. 3

3. Voluntary Assignment 4

The District shall not assign any unit member to teach a full inclusion 5

student without first seeking a volunteer for the assignment. 6

4. Full Inclusion Team 7

Prior to the placement of a full inclusion student, a Full Inclusion Team 8

(FIT) shall be organized at the site. The FIT team shall include regular 9

teacher(s) assigned to teach the student. The IEP Team in coordination with 10

the FIT team, through the IEP process, shall determine the program for the 11

full inclusion student in concert with all current laws pertinent to the process. 12

The FIT team shall coordinate and support the implementation of the 13

student’s IEP. The FIT team may recommend appropriate change to the 14

student’s IEP. 15

5. Staff Development/Specialized Training 16

The District shall provide inservice training to regular classroom 17

teachers prior to the placement of a full inclusion student whose special 18

needs may be unfamiliar to the teacher. The teacher training shall occur, to 19

the extent possible, prior to the student’s placement in the classroom. The 20

training shall be provided during the teacher’s duty day. When voluntary 21

training is provided outside the teacher’s duty day, compensation will be 22

provided at the current rate given for voluntary staff training. 23

6. Individual Education Plan (IEP) Meetings 24

Regular classroom teachers assigned full inclusion student(s) are 25

required to participate in a reasonable number of IEP meetings, including 26

parent/guardian meetings and/or conferences. 27



7. Grading 1

The full inclusion student’s IEP shall specify the grading criteria for 2

each class in which the student is enrolled. 3

a. Credit, partial credit, no credit. 4

b. Letter of recommendation. 5

c. Differential standards for graduation. 6

d. Regular diploma. 7

8. Specialized Physical Health Care Services (SPHCS) Procedures 8

It is the District’s intent that qualified nurses, trained special education 9

aides, and health aides rather than teachers shall regularly provide and 10

conduct these SPHCS procedures required by the IEP. These procedures 11

include, but are not limited to, catheterization, injections, suctioning, gavage 12

feeding, drainage, and tracheotomy care. 13

Every school shall develop a protocol for the full inclusion student that 14

lists the order in which staff will be expected to provide the SPHCS 15

procedures. In emergencies, all staff, including teachers who are responsible 16

for the supervision of an injured or ill student shall administer prudent first 17

aid. 18

C. REASSIGNMENT 19

1. Reassignment refers to a change in teaching assignment within the school. 20

2. Teachers will be assigned subjects which they are qualified to teach. 21

D. The District shall not require the regular education teacher to participate in an IEP 22

meeting beyond the period of time during which the teacher’s subject area is being 23

discussed. This provision is subject to modification by state and federal statue and 24

guidelines.25


Article XXX: SUMMER SCHOOL

ARTICLE XXX: SUMMER SCHOOL 1

A. EMPLOYMENT ‐ INSTRUCTIONAL STAFF 2

All classes taught during the summer months, excluding the statutorily required 3

Extended School Year for Students with Special Needs Article XXXI, will be 4

considered summer school and subject to the same conditions and rules established 5

for normal summer school classes. On or before the first day of May, the District 6

and the Association Negotiations Chair shall discuss and mutually agree to the start 7

date of any summer session(s). Should it be financially feasible, a second summer 8

session shall occur by mutual agreement. All classes taught during the summer 9

session must be assigned either to one of the existing departments or to a 10

designation of “non‐departmental.” 11

1. Teachers shall be assigned on a rotational basis. 12

2. If the District reduces the number of summer school sites, the open sites 13

must be rotated to all campuses on an equal basis. All other provisions for 14

eligibility under this article shall hold. 15

3. Those employees who are assigned the majority of their work day at a given 16

school site during the regular school year shall be given priority to teach 17

summer school when summer school is held at their site. 18

4. All teachers shall be placed on a priority list by individual school in the 19

department in which they are presently teaching the majority of their 20

assignment. If there is no clear majority assignment in subject areas normally 21

taught during Summer School, placement on the priority list will be 22

determined as follows: 23

a. Placement shall be in the area of majority assignment for the following 24

regular year, if known. 25



b. If the following year majority assignment is unknown, placement shall 1

be in one of the subject areas presently being taught by that individual 2

as determined by the individual and the Summer School Principal. 3

c. Beginning with 2006‐07, the Professional Improvement Committee 4

(PIC) shall develop criteria for placement on the Summer School 5

priority list for the following: 6

i. Classes that do not fall under an individual department, and; 7

ii. For teachers who do not have a majority assignment in any 8

department, and; 9

iii. For those teachers who have a majority of their assignment in 10

an area that does not offer summer school classes. 11

The criteria must meet state credentialing requirements. 12

Valley Vista High School shall have their own summer school priority lists; 13

5. Teachers will teach in the department of their current majority assignment in 14

the subjects in which they are credentialed and have recently demonstrated 15

competency. 16

Summer School teaching will require the same credential and certification as 17

required during the regular school year. 18

6. Whenever the majority of a teacher's assignment is changed to a different 19

department and this change is for more than one‐half of the school year, that 20

teacher shall be placed into two classifications: (1) his/her original 21

classification, in that department in which he/she had the majority of his/her 22

teaching assignment before the change to a different department, and (2) a 23

new classification for the department in which he/she now teaches the 24

majority of his/her assignment. The placement into both classifications will 25

occur after rotation of the priority list. If this reassignment is one‐half year or 26

less, the placement into both classifications shall be dependent upon 27



whether or not that teacher's majority assignment will continue in that new 1

department for the next school year. In such cases, placement on the priority 2

lists of both departments shall be in the same relative positions held on the 3

original department list based on the proportion or percentage of people 4

who were above him/her in the original department priority classification. 5

Placement in both classifications shall remain in effect until the teacher opts 6

to teach Summer School. After teaching Summer School, the teacher's name 7

shall be removed from his/her original classification; and his/her name shall 8

be rotated in the normal manner on the priority classification list for the new 9

department. 10

7. For the sake of continuity, prospective Summer School personnel shall be 11

ineligible for any assignment which would be interrupted by military or any 12

other foreseeable obligation for a period of time equal to more than 13

one‐sixth of that assignment. Acceptance of a Summer School assignment 14

shall signify that no such obligation exists. 15

8. Based on a conservative projected enrollment, every reasonable effort will 16

be made to provide full‐term contracts for Summer School on or before June 17

1. Full‐term shall refer to that number of weeks for which a particular 18

Summer School class is scheduled. 19

9. Teachers will have three (3) school days from the offer of an assignment to 20

accept or decline said assignment. Anyone accepting such full‐term contracts 21

will be held to a firm commitment to complete the Summer School to which 22

assigned. If the assignment is subsequently declined after the last day of the 23

next to the last week of the regular school year, the teacher will be rotated 24

on the Summer School priority list as though the contractual agreement had 25

been completed. This paragraph would be waived for extenuating 26

circumstances. 27



10. In cases where full‐term contracts cannot be provided because of uncertainty 1

of student enrollment, contingency contracts will be issued for the beginning 2

of each Summer School as follows: 3

a. 1‐week session 1‐day contingency contract 4

b. 2‐3 week sessions 2‐day contingency contract 5

c. 4‐12 week sessions 3‐day contingency contract 6

d. Those teachers who teach one day beyond the above stated 7

contingency contracts will be awarded full‐term contracts for that 8

particular session. 9

11. The needs of students and program shall be the determining factor in the 10

assignment of teachers to Summer School classes; however, the Summer 11

School Principal will seek to provide teachers a full‐day assignment whenever 12

possible. 13

12. Completion of any Summer School assignment, or any part of such 14

assignment, except substitution, beyond 3‐week contracts shall be 15

considered completion of a full‐term assignment and shall result in rotation 16

of priority classification. 17

13. Summer School substitutes shall be selected from both the District regular 18

full‐time teaching staff and District substitute staff. However, priority will be 19

given, whenever possible, to regular full‐time teachers when making 20

substitute assignments. 21

B. ESTABLISHMENT OF PRIORITY LIST 22

1. All teachers, including those on Board approved leaves, shall be placed on the 23

District departmental priority list, their priority rankings to be determined by 24

seniority based upon their initial date of employment in the District. The 25

initial priority rankings of teachers of equal seniority shall be established by 26

lot during the year of their initial employment. The District priority list shall 27



then be separated into individual school lists from which assignments shall 1

be made. 2

C. ANNUAL PRIORITY LIST ROTATION 3

1. No later than the first day of May of each school year, each teacher will be 4

contacted to opt in or out of teaching Summer School for that year. Those 5

who opt out of teaching Summer School will maintain their priority on the 6

Summer School priority list the following year. Those who opt in will be 7

placed on the rotation list for the current year based upon their position on 8

the priority list. 9

2. Applications to teach Summer School from regular bargaining unit members 10

will be accepted at the local school no later than 4:30pm the second Friday 11

of May. 12

a. All applicants who opt in for teaching assignments after the second 13

Friday in May deadline will be placed at the bottom of each respective 14

school’s Summer School rotation list after the first year teachers. 15

3. Priority list rotation shall be accomplished immediately following the end of 16

each Summer School. Rotation shall be as follows: 17

a. After completion of summer assignments, teachers' names shall be 18

placed at the bottom of their group according to their initial rank. 19

4. Teachers’ names shall not advance in priority ranking for that period during 20

which they are on Board approved leaves of absence of one semester or 21

more. 22

5. New courses, officially approved for Summer School, may be taught by the 23

teacher who initiated and developed the course even though that teacher 24

may not otherwise qualify for an assignment under this Rule. The only 25

provision is that the teacher has taught under contract for at least one 26

semester during the school year preceding that Summer School, and that the 27



teacher may not exercise this new course option for more than two 1

consecutive Summer Schools. Teaching under this provision does not 2

preclude rotation of priority classification. 3

6. Depletion of a school's departmental priority list shall result in an opening 4

being filled in the following manner: 5

a. The opening shall be filled according to the District priority list. 6

b. The Certificated Human Resources Office shall contact each of the 7

other schools to determine the next eligible teacher at each school on 8

the particular department priority list. 9

c. The Certificated Human Resources Office, using the District priority 10

list, shall determine which of these teachers is next in priority. This 11

person shall be offered the assignment. Should he/she decline the 12

assignment, each remaining teacher in priority order shall be offered 13

the assignment. 14

d. In the event the opening cannot be filled from the District priority list, 15

the opening may be filled from other available sources, such as 16

teachers on other department priority lists, or non‐district certificated 17

personnel. Selection in such cases shall be the responsibility of the 18

Summer School Principal. 19

e. In the case of Reading teachers, those who have remedial, 20

developmental, or accelerated reading teaching experience on the 21

secondary level, shall be selected before those with no experience in 22

the teaching of reading. Selection in such cases shall be the 23

responsibility of the Summer School Principal. 24

7. Disputes as to the interpretation of this Rule shall be resolved by the District 25

Professional Improvement Committee (Article XVI: Leaves, Section F.6.b.). 26



Nothing in this paragraph shall preclude the rights of any individual under the 1

Education Code or the District grievance procedure. 2

D. COMPENSATION 3

1. Instructional Staff 4

Effective June 1, 2017, for each sixty (60) minutes of instruction taught 5

in Summer School, Certificated employees assigned to teaching duties during 6

Summer School shall be compensated based upon each individual‘s salary 7

placement for the school year immediately following that Summer School. 8

Compensation shall be the hourly per diem of the following Summer School 9

Salary Schedule: 10

Steps 1‐6 Step 4 Column 4

Steps 7‐16 Step 9 Column 4

Steps 17+ Employees Step 21 Column 4

2. Non‐District Certificated 11

Daily rate of pay for all non‐District employed Summer 12

School/Extended Year Program teachers shall be determined as per C.1. with 13

the exception that initial employment credit for teaching experience shall be 14

limited to a maximum of five years for such employees. 15

3. Pay for July 4 Holiday 16

Any staff member (instructional and non‐instructional) whose 17

assignment includes July 4 shall receive compensation for that holiday. 18

E. MILEAGE REIMBURSEMENT FOR SPLIT TEACHING ASSIGNMENTS 19

Teachers who are on a split assignment will be reimbursed for travel between 20

schools at the established rate per mile. The District Reimbursement Form (No. 21

50.21) must be submitted to the District Business Office no later than the final work 22

day of each month. 23

// 24



F. ABSENCE 1

All absences from Summer School except bereavement will be deducted from 2

accumulated sick leave. Sick leave taken prior to June 30 will be charged against the 3

year ending June 30. Sick leave taken subsequent to June 30 will be charged to the 4

year ending the following June 30. Regularly employed staff with no accumulated 5

sick leave and non‐District personnel will have one day of Summer School pay 6

deducted for each day of absence. 7

G. Notwithstanding any other provision of this Article, the District reserves the right at 8

its sole discretion to determine what, if any, Summer School Programs will be 9

offered. 10

H. In the event that schools have developed special programs that require summer 11

school to be held at a different time, the schedule for these specialized classes may 12

be modified by the District with the consent of the instructors and as long as other 13

provisions of this summer school section are adhered to.14


Article XXXI: EXTENDED SCHOOL YEAR

ARTICLE XXXI: EXTENDED SCHOOL YEAR 1

Effective June 15, 2017, all Special Programs teachers required by the students’ 2

individualized Education Plans (IEP) and part of the Special Education Extended School Year 3

(ESY) Program will be compensated at the individual teacher’s hourly per diem rate of pay. 4

A. On or before the first day of May, the District and the Association Negotiations Chair 5

shall discuss and mutually agree to the start date of Extended School Year. 6

B. Article XXX: Sumer School language, except compensation and the start date of the 7

program, shall be equitably applied to the Extended School Year. 8

9


Article XXXII: VOLUNTARY EARLY RETIREMENT

ARTICLE XXXII: VOLUNTARY EARLY RETIREMENT 1

Any unit member between ages 50 and 65 who has been employed by the District 2

for at least ten (10) years may retire under STRS and receive District benefits. The District's 3

group medical, dental, and vision plans shall be maintained for the retiree and his/her 4

dependents as long as such plans remain in effect and/or until the retiree reaches the age 5

of 65. 6

Retirees who reach the age of 65, but who have dependents less than 65 years of 7

age, may purchase the District’s health insurance program for the rate the District pays, as 8

required by AB528 until the dependent reaches age 65. 9

Retiree medical benefits will terminate at the end of the month in which the retiree 10

reaches age 65 only if the retiree is covered by Medicare at that time. If not, the current 11

practice of continuing coverage to the end of the calendar year shall continue. 12

Effective July 1, 2013 early retirees will be eligible for a VEBA benefit plan at the in‐13

state rate. Any out‐of‐state retiree will pay the difference for the out‐of‐state rate. 14

Effective January 1, 2015, when any early retiree’s dependent becomes Medicare eligible, 15

he/she will be enrolled in a District provided/paid Medicare Supplement Plan. 16

A unit member who seeks voluntary early retirement may also choose to participate 17

in one of the following programs: 18

A. 30‐DAY SERVICE PLAN 19

1. Purpose and Scope 20

a. To provide the option of contractual specialized services to the 21

District. 22

b. To provide financial savings to the School District by encouraging 23

increased turnover of staff at the upper ranges of the salary schedule. 24

c. To open up new certificated positions. 25

d. To encourage the maintenance of positive contact with former staff 26

members who have served education and the District long and 27



honorably, and who have special skills not otherwise available to the 1

District. 2

2. Regulation 3

a. Eligibility Conditions for Contractual Specialized Service 4

i. Must retire under provisions of STRS (State Teachers' 5

Retirement System); 6

ii. Must be on or eligible for maximum salary in schedule 7

excluding anniversary steps and meet the minimum 8

unit/degree requirements of Class IV of the teachers' salary 9

schedule. 10

iii. Must be between ages 50 and 65 and have been employed by 11

the District for at least 10 years. 12

b. Provision for Special Contractual Service 13

i. Depending upon the needs of the District, the expertise of the 14

retiring individual and the availability of services from other 15

public sources, as determined by the District, the District may 16

contract with the retiree for specialized services or advice for 17

a maximum of thirty (30) days per year. 18

ii. Compensation shall be at per diem rate based upon the 19

employee's salary, as established by Board policy, at the time 20

of retirement. 21

iii. So long as service has been performed satisfactorily, the 22

contractual agreement may be renewable annually during the 23

period between voluntary retirement and age 65, but in no 24

event to exceed the five (5) year limitation imposed by 25

Education Code Section 35046. 26



iv. Services which may be contracted for will vary depending upon 1

the capabilities of the individual, the needs of the District, and 2

the availability of the services from a public source. 3

c. Application Procedure 4

i. The employee shall submit his/her resignation for the purpose 5

of retirement and clearly express his/her desire to participate 6

in the early retirement plan. 7

ii. The Certificated Human Resources Office shall verify eligibility. 8

iii. The Superintendent, or his designee, shall determine the 9

particular service(s) to be rendered by the retiree. 10

iv. The Superintendent, or his designee, shall prepare a written11

contractual agreement between the District and the retiree. 12


Article XXXIII: PAYROLL DEDUCTIONS FOR INSURANCE AND SAVINGS

ARTICLE XXXIII: PAYROLL DEDUCTIONS FOR INSURANCE AND SAVINGS 1

A. Payroll deductions for group insurance premiums and/or credit union 2

deposits, shall be made when in accord with authorization, restrictions, and 3

procedures established by law. Unless required by law, no charge shall be 4

made for this service to the employee or to the organization to which 5

deductions are transmitted. 6

B. The District shall provide the opportunity for all bargaining unit members to 7

participate in a Section 125 plan.8


Article XXXIV: EMPLOYEE DISCIPLINE

ARTICLE XXXIV: EMPLOYEE DISCIPLINE 1

A unit member shall not be discharged or suspended without just cause and 2

according to the principles of appropriate discipline, except under the provisions of 3

California Education Code 44939, 44940, and 44942. 4

All discipline matters shall remain confidential.5


Article XXXV: PEER ASSISTANCE AND REVIEW

ARTICLE XXXV: PEER ASSISTANCE AND REVIEW 1

A. The Huntington Beach Union High School District Educators Association (the 2

Association) and the Huntington Beach Union High School District (District) are 3

continuously striving to provide the highest possible quality of education. In order 4

for students to succeed in learning, teachers must succeed in teaching. Therefore, 5

the parties agree to cooperate in the design and implementation of programs to 6

improve the quality of instruction through expanded and improved professional 7

development and peer assistance. Teachers referred to the program are viewed as 8

valuable professionals who deserve to have the best resources available provided to 9

them in the interest of improving performance to a successful standard. 10

1. The Joint Panel (JP) 11

a. The Joint Panel shall consist of five (5) members, the majority of whom 12

shall be permanent certificated classroom teachers who are chosen to 13

serve by the Association. The District shall choose the administrators 14

to serve on the Joint Panel. 15

b. The Joint Panel shall establish its own meeting schedule. However, the 16

Joint Panel shall meet at least once per semester. To meet, a simple 17

majority must be present; with the majority of those present being 18

teachers. 19

c. The Joint Panel members shall use their best efforts to reach 20

consensus on all Panel actions. Absent consensus, actions shall be 21

approved by majority vote. 22

d. Meetings shall take place during the regular teacher workday. 23

Teachers who are members of the JP shall be released from their 24

regular duties to attend meetings, without loss of pay or benefits. 25

When required, substitutes shall be provided. 26

e. The Joint Panel shall be responsible for the following: 27



i. Recommending and providing annual training for the Joint 1

Panel Members. 2

ii. Establishing its own rules of procedure, including the method 3

for the selection of a Chairperson. 4

iii. Selecting the Consulting Teachers. 5

iv. Selecting trainers and/or training providers. 6

v. Providing training for Consulting Teachers prior to the 7

Consulting Teacher's participation in the program. 8

vi. Notifying participation in the PAR Program by written 9

notification to the Referred Participating Teacher, the 10

Consulting Teacher and the Site Principal. 11

vii. Reviewing the list of Consulting Teachers with the Participating 12

Teacher. 13

viii. Adopting Rules and Procedures for effectuating the provisions 14

of this Article. Said Rules and Procedures will be consistent with 15

the provisions of the agreement, and to the extent that there 16

is an inconsistency, the Agreement will prevail. 17

ix. Making available annually, a copy of the adopted Rules and 18

Procedures to all bargaining unit members and administrators. 19

x. Establishing a procedure for application as a Consulting 20

Teacher. 21

xi. Determining the number of Consulting Teachers in any school 22

year, based upon participation in the PAR Program, the budget 23

available and other relevant considerations. 24

xii. Reviewing the report prepared by the Consulting Teacher and 25

making recommendations to the Governing Board regarding 26



the Participating Teacher's progress and/or continuance in the 1

PAR program. 2

xiii. Evaluating annually the impact of the PAR program in order to 3

improve the program, and report their findings to the Board 4

and the Association. 5

f. All proceedings and materials related to evaluations, reports, and 6

other personnel matters shall be strictly confidential. Therefore, Joint 7

Panel Members and Consulting Teachers may disclose such 8

information only as necessary to administer this Article. 9

g. Bargaining unit members who perform functions as Consulting 10

Teachers or Panel Members under this document shall have the same 11

protection from liability and access to appropriate defense as other 12

public employees pursuant to Division 3.6 (commencing with Section 13

810) of Title 1 of the California Government Code. 14

h. The District shall defend and hold harmless individual Joint Panel 15

Members and Consulting Teachers from any lawsuit or claim arising 16

out of the performance of their duties as provided by the California 17

Government Code Tort Claim Act. 18

i. The Joint Panel shall establish and have control over the PAR Budget 19

as allocated under AB1X Legislation. The PAR Budget is subject to 20

Board approval. As appropriate, the Joint Panel shall convene advisory 21

committees, comprised of a majority of teachers appointed by the 22

Association, to recommend allocating additional PAR Budget 23

expenditures to other programs such as staff development, teacher 24

training, etc. 25

j. In order for an advisory‐committee to meet and recommend 26

expenditures, a simple majority must be present; with the majority of 27



those present being teachers. 1

2. Participating Teachers (PT) 2

a. A Participating Teacher is an experienced teacher with permanent 3

status who receives an unsatisfactory final evaluation in the area(s) of 4

instructional strategies and/or subject content. 5

b. A Participating Teacher will be assigned to a Consulting Teacher from 6

a panel of teachers by the Joint Panel. The Participating Teacher may 7

petition the Joint Panel for a different Consulting Teacher. 8

c. The Participating Teacher has the right of representation by the 9

Association at any Joint Panel Meeting or any meeting with 10

administrators, if the Participating Teacher's presence is required. 11

3. Consulting Teacher (CT) 12

a. A Consulting Teacher is a classroom teacher, selected by the Joint 13

Panel, who provides assistance to a Participating Teacher pursuant to 14

the PAR Program. The qualifications for the Consulting Teacher shall 15

be set forth in the Rules and Procedures, provided the following shall 16

constitute the minimum qualifications: 17

i. A credentialed classroom teacher working in direct student 18

instruction with permanent status. 19

ii. At least five (5) years of in District teaching experience and a 20

minimum of five (5) years of recent teaching experience in 21

classroom instruction. 22

iii. Shall demonstrate exemplary teaching ability, as indicated by, 23

among other things, effective communication skills, subject 24

matter knowledge, knowledge of and commitment to District 25

curricular and California teaching standards, and mastery of a 26

range of teaching strategies necessary to meet the diverse 27



needs of pupils, as indicated by the teacher's last two (2) 1

evaluations. 2

b. In filling the position(s) of Consulting Teacher, each applicant is 3

required to submit at least three references from individuals with 4

specific knowledge of his or her expertise as follows: 5

i. A reference from a building principal or immediate supervisor. 6

ii. A reference from an association representative. 7

iii. A reference from another classroom teacher. 8

c. All applications and references shall be treated with confidentiality. 9

d. Consulting Teachers shall be selected by consensus or by a majority 10

vote of the Joint Panel after candidates have received classroom 11

observations and been interviewed by the Joint Panel Members. 12

e. A Consulting Teacher shall be provided release time as needed. The 13

term of the Consulting Teacher shall be three (3) years, and a teacher 14

may not serve in the position for more than one (1) consecutive term. 15

Initially, some terms may be shorter in order to stagger the positions. 16

Teachers initially appointed to these one (1) year staggered positions 17

shall be eligible to reapply and be selected for a full three (3) year 18

additional term. A teacher shall not be appointed to an administrative 19

position in the District while serving as a Consulting Teacher or for one 20

(1) full year after concluding service as a Consulting Teacher. 21

f. Functions performed pursuant to this Article, by bargaining unit 22

employees, shall not constitute either management or supervisory 23

functions. The Consulting Teacher shall be entitled to all rights of 24

bargaining unit members. In addition to the regular salary, a 25

Consulting Teacher shall receive a stipend of $1,500 for each 26

Participating Teacher assigned up to a maximum of three (3) assigned 27



Participating Teachers for all consulting services beyond the regular 1

workday and/or work year. 2

g. The number of Participating Teachers assigned to each Consulting 3

Teacher, up to a maximum of three (3), shall be determined by the 4

Joint Panel. Consulting Teachers shall assist Participating Teachers by 5

demonstrating, observing, coaching, conferencing, referring, or by 6

other activities, which, in their professional judgment, will assist the 7

Participating Teacher. 8

h. The Consulting Teacher and the site administrator shall meet with the 9

Participating Teacher to discuss the PAR Program, to establish 10

mutually agreed upon performance goals in the areas of instructional 11

strategies and/or subject content. 12

i. The Consulting Teacher and the Participating Teacher shall develop 13

the assistance plan and develop a process for determining successful 14

completion of the PAR Program. 15

j. The Consulting Teacher shall conduct multiple observations of the 16

Participating Teacher during classroom instruction, and shall have 17

both pre‐observation and post‐observation conferences. 18

k. The Consulting Teacher shall monitor the progress of the Participating 19

Teacher and shall submit to and discuss with the Participating Teacher 20

and the Principal periodic written reports. 21

l. The Consulting Teacher shall report their activities on a regular basis 22

to the Joint Panel. 23

m. The length of time a Consulting Teacher is assigned to provide 24

assistance to a Participating Teacher shall be consistent with the 25

timeline established by the evaluator and the evaluatee for the 26



additional Mutual Assistance Plan referenced in the Contract (Article 1

XIII, subsection D. 4. c.). 2

n. A copy of the Consulting Teacher's report shall be submitted to and 3

discussed with the Participating Teacher to receive his or her signature 4

before it is submitted to the Joint Panel. The Participating Teacher's 5

signing of the report does not necessarily mean agreement, but rather 6

than he or she has received a copy of the report. The Consulting 7

Teacher, after reviewing the final report with the principal, shall 8

submit the report to the Joint Panel. 9

o. The Participating Teacher shall have the right to submit a written 10

response within twenty (20) work days and have it attached to the 11

final report. One (1) day of released time shall be provided to the 12

Participating Teacher to write his or her response. The Participating 13

Teacher shall also have the right to request a meeting with the Joint 14

Panel and to be represented at this meeting by the Association 15

Representative of his or her choice. 16

p. The results of the Participating Teacher's participation in the PAR 17

program shall be made available for placement in his or her personnel 18

file and may be used in the evaluation of the Participating Teacher. 19

q. Any unresolved issues shall be referred to the Joint Panel for final 20

resolution.21


Article XXXVI: RIGHT TO PRIVACY

ARTICLE XXXVI: RIGHT TO PRIVACY 1

At the beginning of each year, the District shall notify all bargaining unit members 2

regarding the confidentiality of his/her use of the Internet. Additionally, when a new 3

teacher is hired, a similar notification shall be made. Until notice is received, the District 4

shall take no action against any unit member for the content or pattern of his/her 5

Internet use.6


Article XXXVII: HYBRID‐ONLINE COURSES

ARTICLE XXXVII: HYBRID‐ONLINE COURSES 1

A. Purpose and Definitions 2

1. The District and the Association recognize hybrid‐online instruction as a tool 3

for student learning which presents the opportunity for expanding learning 4

opportunities on and off campus. Therefore, the practices and provisions 5

described in this article shall be implemented in regard to hybrid‐online 6

instruction. 7

2. A hybrid‐online course is defined as a course in which any of the required 8

amount of instructional time is met through a combination of online 9

interaction and face‐to‐face classroom time. 10

a. Hybrid‐online courses shall require a minimum amount of face‐to‐11

face classroom interaction in accordance with the following: 12

i. Core classes: a minimum of one (1) hour per week 13

ii. Core classes taught at a Block Schedule school: a minimum of 14

two (2) hours every two (2) weeks 15

iii. Elective classes: an average of one (1) hour per week 16

B. Students 17

1. The administrator in charge of student scheduling at each school site shall 18

not allow a student to be scheduled into a hybrid‐online course unless the 19

student initiates interest in the hybrid‐online format by completing the 20

orientation in section B.2. below. 21

2. Prior to enrollment into a student’s first HBUHSD hybrid‐online course, a 22

student shall attend a Hybrid‐Online Orientation held each semester at 23

every school site offering hybrid‐online courses. The orientation will be led 24

by one of the site’s hybrid‐online teachers, or his/her designee. 25

a. Should this orientation take place outside of the teacher’s seven 26

point five (7.5) hour workday, the teacher(s) leading the orientation 27



will be compensated at the teacher’s voluntary extra assignment pay 1

schedule (Appendix C). 2

b. The orientation may include an online student self‐assessment of 3

readiness for hybrid‐online coursework to help determine if the 4

student is well‐matched to the more independent hybrid‐online 5

learning format. 6

3. Only students with a jointly signed Student‐Parent Study Contract (See 7

Appendix M) may enroll in hybrid‐online courses. All study contracts will be 8

filed in the Educational Services Department. 9

C. Teachers 10

1. Hybrid‐Online Teaching Assignments 11

a. Hybrid‐online teaching assignments shall be voluntary. 12

b. Hybrid‐online courses shall be assigned in accordance with the 13

following priority: 14

i. Full‐time permanent status teachers 15

ii. Part‐time permanent status teachers 16

iii. Probationary teachers 17

iv. Temporary teachers 18

c. In order to maintain quality programs and high academic standards, 19

teachers may teach up to three (3) hybrid‐online courses 20

concurrently. Based on student need, a problem solving meeting 21

shall occur in accordance with Appendix N to increase the number of 22

hybrid‐online sections assigned to one teacher. 23

d. A hybrid‐online course shall count as one period of a work day as 24

established in Article X Work Day. 25

// 26

// 27



2. Professional Development 1

a. District shall provide training opportunities for teachers to enhance 2

the skills necessary for the success of hybrid‐online courses. 3

3. On Campus Work Day 4

a. Teachers shall be on campus during the work day in accordance with 5

Article X Work Day with the following stipulations: 6

i. Teachers of hybrid‐online courses perform professional duties 7

equivalent to that of other classroom teachers. To provide 8

flexibility, these duties may be performed outside the regular 9

contract hours so that students are able to regularly and 10

readily contact the teacher, provided that the total number of 11

hours per day a teacher is on‐duty does not violate the 12

contractual seven and one‐half work hours per day (see 13

Article X Work Day, Section A). This daily flexibility is at the 14

sole discretion of the teacher. 15

ii. The teacher will be expected to be on campus to meet the 16

face‐to‐face teaching requirement set forth in A.2.a. The 17

time(s) and day(s) of the face‐to‐face component will be 18

scheduled solely by the teacher to accommodate as much as 19

possible student needs. 20

4. Proprietary Rights 21

a. The District shall not share any teacher‐produced content for hybrid‐22

online courses with any person, district, or other entity for any 23

reason without written permission except in the case of a rare 24

unforeseen circumstance such as a medical emergency. 25

// 26

// 27



D. Class Size 1

1. Refer to Article XVII: Class Size. 2

E. Learning Management System (LMS) 3

1. Should the District want to change from Canvas to a different LMS, the 4

District shall consult with District teachers, including representatives from 5

the Association Negotiations Team. 6

F. Equipment and Support 7

1. District shall provide technical support to teachers who teach hybrid‐online 8

courses. 9

2. District shall ensure teachers of hybrid‐online courses have access to a 10

functioning computer and internet access. 11

G. Evaluation 12

1. Refer to Article XIII: Evaluation Procedures for Teachers. 13

H. Courses 14

1. A student shall only be enrolled in hybrid‐online courses taught by teachers 15

at his/her home school. Based on student need, a problem solving meeting 16

shall occur in accordance with Appendix N to create a course that allows 17

district wide enrollment. 18

2. Courses to be delivered in the hybrid‐online format shall be reviewed by the 19

District department coordinators from the involved department to 20

determine the appropriateness of the hybrid‐online delivery format. Non‐21

departmental courses shall be reviewed by the teachers in the district who 22

teach the same face‐to‐face course. 23

3. Hybrid‐online courses shall begin and end on the same days as face‐to‐face 24

courses offered the same semester. The duration of hybrid‐online courses, 25

the expected daily instructional time, and number of course credits shall be 26

consistent with the equivalent face‐to‐face course. 27



4. Hybrid‐online courses will be scheduled dependent on student needs. 1

5. Courses taught under the authority of this article shall only be ones 2

developed and constructed by classroom teachers employed by the 3

Huntington Beach Union High School District. This does not preclude a 4

teacher from including existing online resources into a course developed 5

and constructed by that individual. 6

I. Hybrid‐Online Evaluation 7

1. The District will convene a hybrid‐online evaluation committee annually 8

during second semester: 9

a. The District will provide substitutes for selected representative 10

hybrid‐online instructors. 11

b. The District will provide a location for the day where selected 12

representative online teachers, and the Hybrid‐Online District and 13

Association negotiations team members can meet to evaluate the 14

courses. 15

c. The hybrid‐online evaluation committee will be co‐chaired by District 16

Representatives and DEA President or his/her designee. 17

18


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article I: ASSIGNMENT AND REASSIGNMENT

ADULT EDUCATION/HOURLY TEACHER CONTRACT 1

2

ARTICLE I: ASSIGNMENT AND REASSIGNMENT 3

A. When a vacancy is determined in the adult education program, teachers currently 4

employed in the program shall receive a timely notice of the vacancy. Teachers who 5

desire to either increase or change their hours of assignment shall apply for the 6

vacancy and be considered before outside applicants. If not selected, a teacher may 7

request and be given written reasons for nonselection. 8

B. Effort shall be made to notify adult education teachers of their tentative assignment 9

at least thirty (30) days prior to each semester. Teachers may indicate a preference 10

for a change of assignment by notifying their supervisor. 11

C. When the District needs to change a teacher's assignment from day to evening, from 12

evening to day, or from straight shift to split shift, the teacher will be notified and 13

given an opportunity to meet with the supervisor to discuss the change in 14

assignment. Effort shall be made to notify the teacher of the need for change at least 15

forty‐eight (48) hours before the change is to be effected. If the assignment is 16

changed, the teacher may request and be given written reasons for the change. 17

D. Whenever there is a reduction in adult education classes, the District shall make all 18

assignments and reassignments in such a manner that permanent, probationary or 19

temporary teachers (15‐24 hours) are retained to render any service for which they 20

are credentialed and qualified to teach. 21

E. The supervisor shall notify teachers of class schedule cancellations whenever 22

possible at least twenty‐four (24) hours in advance. 23

F. When a vacancy occurs in the comprehensive high school program, adult 24

education/hourly teachers shall be given consideration for the position before 25

outside applicants.26


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article II: PERMANENT STATUS

ARTICLE II: PERMANENT STATUS 1

Permanent status shall be granted to adult education teachers who qualify under 2

the terms prescribed by law and the following conditions: 3

A. A full‐time assignment shall be defined as more than twenty four (24) hours per 4

week. 5

B. The Board of Trustees establishes the number of school days in a school year, which 6

may not be less than the minimum of 175 required by law. To be eligible for a 7

permanent status, a teacher must serve during 75 percent or more of the school 8

days actually scheduled in a given school year by the Board of Trustees. Summer 9

school teaching shall not be credited toward this requirement. 10

C. Upon completion of two (2) consecutive years of service meeting the above 11

requirements, and upon assumption of duties in the third (3rd) year, a teacher shall 12

receive permanent status equivalent to the average number of hours served per 13

week during the probationary period. 14

D. A teacher shall not be eligible for permanent status in an hourly position in one of 15

these programs if they hold permanent status in another school District. 16

E. A teacher shall not hold permanent status in both the regular day school of the 17

Huntington Beach Union High School District and in an hourly position in one of the 18

programs or schools to which these rules apply. 19

1. A teacher who first earns permanent status in the regular day school shall not 20

be eligible for permanent status in an hourly position in one of the programs 21

or schools covered by these rules. 22

2. A teacher who first earns permanent status in an hourly position in one of 23

these programs or schools and who subsequently becomes eligible for 24

permanent status in the day school shall choose in which one such school or 25

program they desire to have permanent status. 26

F. Once a teacher achieves permanent status, their assignment may not be reduced 27

below the amount of time per week to which they have permanent status except in 28


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article II: PERMANENT STATUS

accordance with law.1


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article III: SALARY SCHEDULE

ARTICLE III: SALARY SCHEDULE 1

A. The salary schedule for adult education/hourly contract teachers shall be increased 2

as provided for in General Contract, Article XIV: Salaries. 3

B. The method of compensation for permanent hours of employment shall be in ten 4

equal monthly payments or payment based upon monthly timecards. Compensation 5

for employment hours in addition to those guaranteed by permanent status shall be 6

made as a prior period adjustment at the end of each semester. 7

C. The District shall compensate hourly teachers their hourly rate when a class has 8

been cancelled by the District due to an emergency. 9

D. Teachers holding a doctoral degree shall receive an annual stipend of $2,000. 10

Stipend shall be paid only for doctorates in the employees’ major or minor teaching 11

fields or in education related fields. 12

E. Column IV shall be added to Appendix A – Adult Education Hourly Teacher, for unit 13

members teaching 25 hours or more, who hold a California Teaching credential with 14

a BA+45 or MA. This column applies only to teachers who are teaching within the area 15

of their credential.16


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article IV: FRINGE BENEFITS

ARTICLE IV: FRINGE BENEFITS 1

Adult education/hourly contract teachers with probationary or permanent status shall 2

receive benefits as provided for in General Contract, Article XV: Fringe Benefits.3


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article VI: ADULT EDUCATION/HOURLY TEACHER WORK YEAR

ARTICLE V: ADULT EDUCATION/HOURLY TEACHER WORK YEAR 1

The yearly work year calendar for the adult education/hourly teachers shall not 2

exceed 183 days. Summer school is a continuing component of the adult education 3

program beyond this yearly work calendar. 4

By mutual agreement between the teacher and the immediate supervisor, a teacher 5

may substitute for another teacher and receive compensation based upon the substituting 6

teacher's hourly rate of pay.7


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article VI: ADULT EDUCATION/HOURLY TEACHER WORK DAY

ARTICLE VI: ADULT EDUCATION/HOURLY TEACHER WORK DAY 1

The work day for the adult education/hourly teacher is the number of hours the 2

teacher is assigned to teach that day. The number of hours may vary by teacher, by 3

educational program, and by school day.4


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article VII: PERSONAL ILLNESS LEAVE

ARTICLE VII: PERSONAL ILLNESS LEAVE 1

Personal illness leave is a paid leave of absence and shall be an hourly equivalency 2

based upon the leave provided for comprehensive high school staff. Illness leave under this 3

rule shall not be interchangeable or co‐mingled in any way with that provided to the 4

comprehensive high school staff. 5

A. Personal illness leave shall be "earned" at the rate of one (1) sick leave hour per 15 6

duty hours served. 7

B. Illness leave shall be paid based upon the hourly rate of the teacher at the time it is 8

used and shall be available to the teacher at any time during the period of 9

employment. 10

C. When absence due to personal illness occurs, the teacher shall have available their 11

current year's entitlement of illness leave, based upon (A) above, or any unused 12

balance thereof. From that point, accumulated leave, if any, shall be available. 13

D. Sick leave benefits shall only apply to absences due to personal illness which occur 14

during the period of time that the teacher is scheduled to be actively employed. This 15

benefit shall not extend beyond the end of the teacher's class, work year, or other 16

established employment period. In the case of an absent teacher whose assignment 17

must be canceled due to insufficient enrollment, for example, sick leave benefits 18

shall not extend beyond the point where the assignment is terminated. 19

E. Unused earned sick leave shall accumulate from year to year without limit; provided, 20

however, that any teacher who is terminated will be responsible for compensating 21

the District for unearned sick leave actually used.22


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article VIII: PERSONAL EMERGENCY LEAVE

ARTICLE VIII: PERSONAL EMERGENCY LEAVE 1

The leave provisions for adult education/hourly teachers shall be identical to those 2

leave provisions provided the comprehensive high school staff. During any school year an 3

employee in the adult education/hourly programs may use, at his or her election, their 4

accumulated prorated sick leave benefits for personal emergencies as defined in Article 5

XVI. The five days provided to comprehensive high school staff for personal business shall 6

also be prorated for adult education/hourly teachers. 7

A. Personal emergency leave shall be prorated at the rate of 30 duty hours per 8

one (1) personal emergency leave hour.9


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article IX: LEAVE TO COMPREHENSIVE HIGH SCHOOL

ARTICLE IX: LEAVE TO COMPREHENSIVE HIGH SCHOOL 1

When a permanent adult education/hourly teacher is hired into the comprehensive 2

high school program, he/she shall be eligible for a leave from the adult education program 3

during their new probationary period. This teacher shall have accumulated sick leave hours 4

converted to sick leave days and the total sick leave shall be transferred to the new 5

program.6


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article X: SUMMER SCHOOL

ARTICLE X: SUMMER SCHOOL 1

A. EMPLOYMENT ‐ INSTRUCTIONAL STAFF 2

Teaching positions in the summer school shall be filled on a voluntary basis 3

by those qualified teachers who taught second semester of the previous school year. 4

Summer school positions shall be assigned to these teachers when program needs 5

allow, in the following priority order: 6

Currently permanent or probationary teachers (Adult Education) 7

Temporary teachers (15‐24 hours) (Adult Education) 8

Permanent or probationary Coast High School Teachers 9

Temporary teachers (below 15 hours) (Adult Education) 10

The needs of students and program shall be the determining factor in the 11

assignment of teachers to summer school classes. 12

B. PAY FOR JULY 4TH HOLIDAY 13

Any adult education/hourly teacher whose assignment includes July 4 shall 14

receive compensation for that holiday if it is celebrated as a holiday on a day that 15

he/she would normally teach.16


ADULT EDCUATION/HOURLY TEACHER CONTRACT Article XI: EVALUATION PROCEDURES FOR ADULT EDUCATION/HOURLY TEACHERS

ARTICLE XI: EVALUATION PROCEDURES FOR ADULT EDUCATION/HOURLY TEACHERS 1

The performance evaluation of probationary and permanent adult education 2

teachers shall follow the procedures in Article XIII: Evaluation Procedures for Teachers in 3

the general contract. 4

All other teachers may be evaluated at the discretion of the District.5


StepClass I

BAClass II

BA + 15Class III BA + 30

Class IV BA + 45 or

Masters

Class V BA + 60 incl

Masters

1 54,535 54,535 57,071 59,727 62,503

2 54,535 56,989 59,639 62,414 65,315

3 56,989 59,554 62,326 65,222 68,253

4 59,554 62,235 65,126 68,156 71,326

5 62,235 65,034 68,058 71,223 74,536

6 65,034 67,961 71,121 74,427 77,889

7 67,961 71,021 74,319 77,777 81,395

*8 67,961 74,214 77,666 81,276 85,055

9 67,961 74,214 81,159 84,934 88,882

10 67,961 74,214 81,159 88,758 92,883

11 67,961 74,214 81,159 88,758 97,062

16 71,021 77,556 84,811 92,749 101,432

21 74,214 81,045 88,630 96,927 105,995

26 81,045 88,502 96,787 105,846 115,748

Note: The cells beyond Step 5 in Class I and II only apply to teachers hired prior to July 1, 1998.

Teachers hired after July 1, 1998, must have 30 or more Units to progress to Step 6.

* Maximum 7 years of previous experience recognized.

HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT TEACHER SALARY SCHEDULE 2015/2016

(4.75% increase effective 07/01/15.)

APPENDIX A-1: SALARY SCHEDULES, Effective July 1, 2015


STEP CLASS I CLASS II CLASS III CLASS IV

Years 1-14 Hours 15-24 Hours 25 Hours 25 or More withof Experience or More BA + 45 or MA

1 1 39.74 39.74 39.74 42.31

2 2 42.31 42.31 42.31 45.61

3 3 45.61 45.61 45.61 46.51

4 4 46.51 46.51 47.19

5-8 5 47.19 47.91

9-12 6 47.91 48.66

13+ 7 48.66 49.41

HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT ADULT EDUCATION HOURLY TEACHER SALARY SCHEDULE 2015/2016




STEPCLASS I

BA CLASS II

BA+15CLASS III

BA+30CLASS IV

BA+45 or MACLASS V

BA+60 Incl.

1 36.03 37.84 39.72 41.70 43.79

2 37.11 38.98 40.89 42.95 45.09

3 38.20 40.13 42.13 44.23 46.46

4 39.41 41.34 43.40 45.57 47.86

5 40.60 42.57 44.76 46.93 49.28

6 46.11 48.35 50.78

7 47.49 49.81 52.29

8 48.93 51.31 53.87

9 50.37 52.84 55.51

10 51.89 54.43 57.14

11 53.44 56.06 58.88

16 55.06 57.72 60.63

21 56.72 59.47 62.46

26 58.43 61.27 64.33

HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT HOME TEACHER HOURLY SALARY SCHEDULE 2015/2016




StepClass I

BAClass II

BA + 15Class III BA + 30

Class IV BA + 45 or

Masters

Class V BA + 60 incl

Masters

1 54,808 54,808 57,356 60,026 62,816

2 54,808 57,274 59,937 62,726 65,642

3 57,274 59,852 62,638 65,548 68,594

4 59,852 62,546 65,452 68,497 71,683

5 62,546 65,359 68,398 71,579 74,909

6 65,359 68,301 71,477 74,799 78,278

7 68,301 71,376 74,691 78,166 81,802

*8 68,301 74,585 78,054 81,682 85,480

9 68,301 74,585 81,565 85,359 89,326

10 68,301 74,585 81,565 89,202 93,347

11 68,301 74,585 81,565 89,202 97,547

16 71,376 77,944 85,235 93,213 101,939

21 74,585 81,450 89,073 97,412 106,525

26 81,450 88,945 97,271 106,375 116,327





(.5% increase effective 07/01/16.)




Years 1-14 Hours 15-24 Hours 25 Hours 25 or More withof Experience or More BA + 45 or MA

1 1 39.94 39.94 42.52 42.52

2 2 42.52 42.52 45.84 45.84

3 3 45.84 45.84 46.74 46.74

4 4 46.74 47.43 47.43

5-8 5 48.15 48.15

9-12 6 48.90 48.90

13+ 7 49.66 49.66

HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT ADULT EDUCATION HOURLY TEACHER SALARY SCHEDULE 2016/2017




STEPCLASS I

BA CLASS II

BA+15CLASS III

BA+30CLASS IV

BA+45 or MACLASS V

BA+60 Incl.

1 36.21 38.03 39.92 41.91 44.01

2 37.30 39.17 41.09 43.16 45.32

3 38.39 40.33 42.34 44.45 46.69

4 39.61 41.55 43.62 45.80 48.10

5 40.80 42.78 44.98 47.16 49.53

6 46.34 48.59 51.03

7 47.73 50.06 52.55

8 49.17 51.57 54.14

9 50.62 53.10 55.79

10 52.15 54.70 57.43

11 53.71 56.34 59.17

16 55.34 58.01 60.93

21 57.00 59.77 62.77

26 58.72 61.58 64.65

HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT HOME TEACHER HOURLY SALARY SCHEDULE 2016/2017




17/18 inc.

0.50% Step

Class I

BA

Class II

BA + 15

Class III

BA + 30

Class IV

BA + 45 or

Masters

Class V

BA + 60 incl

Masters

1 55,082 55,082 57,643 60,326 63,130

2 55,082 57,560 60,237 63,040 65,970

3 57,560 60,151 62,951 65,876 68,937

4 60,151 62,859 65,779 68,839 72,041

5 62,859 65,686 68,740 71,937 75,284

6 65,686 68,643 71,834 75,173 78,669

7 68,643 71,733 75,064 78,557 82,211

*8 68,643 74,958 78,444 82,090 85,907

9 68,643 74,958 81,973 85,786 89,773

10 68,643 74,958 81,973 89,648 93,814

11 68,643 74,958 81,973 89,648 98,035

16 71,733 78,334 85,661 93,679 102,449

21 74,958 81,857 89,518 97,899 107,058

26 81,857 89,390 97,757 106,907 116,909






CERT DEA




17/18

inc. Years 1-14 Hours 15-24 Hours 25 Hours 25 or More with

0.50% of Experience or More BA + 45 or MA

1 1 40.14 40.14 40.14 42.73

2 2 42.73 42.73 42.73 46.07

3 3 46.07 46.07 46.07 46.97

4 4 46.97 46.97 47.67

5-8 5 47.67 48.39

9-12 6 48.39 49.14

13+ 7 49.14 49.91

HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT

ADULT EDUCATION HOURLY TEACHER SALARY SCHEDULE 2017/2018 (.5% increase effective 07/01/17.)

CEHR DEA AE



17/18 inc.

0.50% STEP

CLASS I

BA

CLASS II

BA+15

CLASS III

BA+30

CLASS IV

BA+45 or MA

CLASS V

BA+60 Incl.

MA

1 36.39 38.22 40.12 42.12 44.23

2 37.49 39.37 41.30 43.38 45.55

3 38.58 40.53 42.55 44.67 46.92

4 39.81 41.76 43.84 46.03 48.34

5 41.00 42.99 45.20 47.40 49.78

6 46.57 48.83 51.29

7 47.97 50.31 52.81

8 49.42 51.83 54.41

9 50.87 53.37 56.07

10 52.41 54.97 57.72

11 53.98 56.62 59.47

16 55.62 58.30 61.23

21 57.29 60.07 63.08

26 59.01 61.89 64.97


HOME TEACHER HOURLY SALARY SCHEDULE 2017/2018 (.5% increase effective 07/01/17.)

CEHR DEA CHS



APPENDIX A – SALARY SCHEDULES

Anniversary increments of one experience step are payable at the 16th, 21st, and 26th years of service recognized by the District. For

staff members in active employment at the time of this revision (1973‐74), this service shall include any experience recognized by the

District at the time of employment other than directly related in education. Persons employed on the Teachers' Salary Schedule shall

receive credit towards anniversary increment for those years of experience recognized for salary placement.

(1) Creditable units must be earned from an institution of higher learning accredited by the American Association of Schools and

Colleges, or a regional affiliate thereof.

(2) Teachers with special credentials only shall not proceed beyond step 6 of any class. Exception: Teachers employed before July 1,

1958, the date of this restriction.

(3) Once an employee who has been frozen on step 6 due to above condition (2) has met requirements for reclassification, s/he will

advance to step 7 in whichever class s/he qualifies for, regardless of the number of years s/he may have remained on step 6.

(4) A clear credentialed EMR and/or TMR teacher employed prior to the 1975‐76 school year and working in this program shall be

allowed an additional increment above normal placement on schedule not to exceed the maximum step on schedule.

(5) Each teacher holding or obtaining an 8.0 or 8.1 vocational credential will be granted additional compensation at the rate of .6%

of Class V, Step 11 of the Teachers' Salary Schedule for each class of vocational education taught for a period of two (2) years.

(6) Effective with the 2003‐04 school year, there is no limit to the number of creditable units earned during a school year toward

salary advancement. Prior to the 2003‐04 school year, the number of creditable units for salary schedule purposes will be limited

to six semester units per semester—twelve for the school year. An additional six semester units can be earned during the summer

if the employee is teaching summer school, or twelve semester units if an employee is not teaching summer school.

(7a) Creditable units for salary schedule purposes will be limited to units within an employee's major or minor field of preparation, or

units within an employee's present teaching assignment or his/her teaching assignment for the coming semester. Requests for

exceptions from this provision may be submitted to the District Professional Improvement Committee for consideration and

recommendation to the Superintendent, or his/her designee, for his/her approval.

(7b) This provision shall not apply to creditable units taken by an employee at the direction of the District. Said creditable units taken

for purposes of retraining or in anticipation of future District needs shall be: credited for salary schedule purposes in accordance

with applicable guidelines contained elsewhere in this Appendix; or, reimbursed to the employee if he/she is already placed on

Column V of the salary schedule upon proper documentation for course completion (reimbursement as used herein shall be

limited to the tuition and fee structure in effect for the California State College and University system at the time the course is

taken, plus any required and nonavailable course textbook(s) which will become the property of the District's professional library

after course completion).

(8) Creditable units for salary schedule purposes will be limited to courses in which a grade of "C" or better is earned under a

traditional college grading scale, or a grade of "pass" (P) in a "pass"/"fail" grading system.

(9) All other salary schedule guidelines existent during the 1976‐77 school year, including anniversary increments, shall be continued.

(10) Any unit member initially employed during or after the 1986‐87 school year shall be granted a maximum of seven (7) years of

previous experience and be placed on salary schedule step 8. Effective with the start of the 1985‐86 school year, for new

employees to the District a year of prior teaching experience credit for salary schedule placement purposes shall be defined as

teaching experience at grades K‐14 under contract to another public or private school employer for at least 75% of the school

year, and while in the possession of a valid California teaching credential.

(11) Any unit member who teaches 75% of a school year shall receive one year’s credit on the salary schedule.

(12) Column movement on the salary schedule will occur within 90 calendar days of verification of credits and/or degrees earned.

(13) Should a hardship become evident in filling Speech and Language teaching positions, the District may recognize a maximum of ten (10) years of previous experience and be placed on salary step 11 in accordance with the conditions listed in Appendix A.10.


APPENDIX B: ADDITIONAL PAY

ADDITIONAL PAY 1

1. Athletic Coordinator 2

a. Boys' Athletics ‐ Compensation for expertise and recommendations shall be 8 3

percent of Class V, step 11, of the Teachers' Salary Schedule. 4

b. Girls' Athletics ‐ Compensation for expertise and recommendations shall be 8 5

percent of Class V, step 11, of the Teachers' Salary Schedule. 6

c. District Athletic Coordinator ‐ Compensation for additional work required shall be 7

12 percent of Class V, Step 11, of the Teachers' Salary Schedule. 8

2. Department Coordinator 9

a. Each Department Coordinator of an academic subject area at a comprehensive high 10

school, Valley Vista High School, Coast High School, and the Special Abilities Cluster 11

in the District shall be provided compensation and release time as specified in b. and 12

c. below to attend to Departmental Coordinator duties. Said duties shall be 13

structured and directed by the building Principal, consistent with the current job 14

description for Department Coordinators. Academic subjects as used herein shall be 15

defined as: English, Social Studies, Mathematics, World Languages, Science and 16

Special Education. 17

b. Each comprehensive high school, Valley Vista High School and the Special Abilities 18

Cluster shall be provided with up to 180 days per year of substitute teacher service 19

for purposes of providing Department Coordinators with released time to attend to 20

Department Coordinator. duties. Coast High School shall be provided with up to 15 21

days per year of substitute teacher service. Said total days shall be allocated among 22

departments of three (3) FTE's. In no event shall any Department Coordinator, as 23

contemplated herein, be provided with more than 20 days of released time per 24

school year. Department Coordinators wishing to utilize this release time availability 25

shall make advance arrangements with his or her site administrator. Department 26

Coordinators' duties shall be structured and directed by the Principal or 27



Administrative Designee, consistent with the current job description for Department 1

Coordinators. 2

c. Compensation for expertise and recommendations (on Teachers' Salary Schedule) 3

shall be as follows: 4

1‐25 sections 4.5 percent of Class V, Step 11



76 & over sections 8.25 percent of Class V, Step 11

Valley Vista and Coast shall be compensated at the rate

of two‐point‐two‐five percent (2.25%) of Class V, Step 11.

i. Department Coordinators shall be chosen by majority vote of 5

members of their department who have a majority teaching 6

assignment in that department. (Each member who is teaching 7

a majority shall be allocated one vote.) In the following cases 8

selection of the coordinator shall be preceded by allocating to 9

all teachers assigned to the department one vote per teaching 10

section: 11

(1) no department members teach a majority of their 12

assignment in that department or 13

(3) those who do teach a majority of their assignment in that 14

department collectively constitute less than half of all teachers 15

assigned to that department. 16

ii. If no individual or team of two (2) receives a majority vote by the 17

appropriate processes described above, eligible department 18

members will meet to reach unanimous agreement regarding the 19

selection procedure for choosing a Department Coordinator. This 20

does not preclude the department from reballoting. 21



iii. If no coordinator is determined or no procedure is agreed upon as 1

in section (2) above, then the Department Coordinator position, 2

stipend and release period (if applicable) will be equally divided 3

between two coordinators. 4

iv. Department Coordinators will serve for a period of one year unless 5

the principal determines the Department Coordinator's 6

performance to be unsatisfactory as determined by the existing job 7

description. 8

v. In the event a new Department Coordinator selection becomes 9

necessary, the department will elect a replacement. 10

3. School Media Coordinator 11

When the school media center reaches a full complement (three (3) certificated 12

media specialists or the equivalent), the school media specialist who is in charge shall 13

be compensated as a department coordinator. Compensation shall be 3 percent of 14

Class V, step 11, of the Teachers' Salary Schedule. 15

4. Traffic and Safety Education Campus Coordinator 16

Compensation shall be 3 percent of Class V, step 11, of the Teachers' Salary Schedule. 17

5. Master Teacher 18

Compensation for master teachers assigned to the responsibility for directing 19

student teachers shall be equivalent to the amount received from and prorated 20

according to the master teacher assignments for a given student teacher of the 21

particular teacher training institution. 22

6. APA Facilitator, District Facilitators, Coordinators 23

Compensation for APA Facilitator, District Facilitators, District Accreditation 24

Coordinator, District Educational Technology Coordinator, IB Coordinator, and 25

MERITS Coordinator shall be 7.54 percent of Class V, Step 11. 26



a. Applications for open positions will be available no later than 1

the first (1st) Monday in April of the current school year. To be 2

considered, applications must be submitted by the second (2nd) 3

Friday in April to the District Certificated Human Resources 4

department. 5

b. Positions will be selected for a two‐year term by a five (5) 6

person panel consisting of three (3) representatives from the 7

District and two (2) DEA designated representatives from the 8

appropriate department. Facilitators and Coordinators must 9

receive a satisfactory evaluation to continue to the second year 10

of a term. 11

c. Facilitators and Coordinators will be evaluated each year by the 12

appropriate administrator. The District will solicit input from 13

the represented membership. 14

d. District Facilitators will serve for a period of two (2) years unless 15

the Assistant Superintendent of Education Services or Designee 16

determines the performance to be unsatisfactory by the 17

existing job description. 18

7. Site Program Coordinators 19

One release period to attend to duties required for MERITS and IB Coordinators. 20

a. Applications for open positions will be available no later than the first (1st) 21

Monday in April of the current school year. To be considered, applications must 22

be submitted by the second (2nd) Friday in April to the District Human Resources 23

department. 24

Positions will be selected for a two‐year term by a five (5) person panel consisting 25

of two (2) representatives from the District and three (3) DEA designated 26



representatives. Site Coordinator must receive a satisfactory evaluation to 1

continue to the second year of a term. 2

b. Site Coordinator will be evaluated each year by the appropriate administrator. 3

The District will solicit input from the represented membership. 4

c. Site Coordinator will serve for a period of two (2) years unless the Assistant 5

Superintendent of Education Services or Designee determines the performance 6

to be unsatisfactory as determined by the existing job description. 7

8. WASC Coordinators 8

a. Full Review – Each comprehensive high school and Valley Vista High School 9

shall receive a WASC Coordinator’s stipend paid at the rate of seven point 10

three percent (7.3%) of Class V, Step 11. Coast High School shall be paid at 11

three point seventy seven percent (3.77%) of Class V, Step 11. 12

b. Full Review – Each comprehensive high school shall receive one release period 13

for two semesters (Spring and Fall). 14

9. Technology Resource Teachers 15

Technology resource teachers will receive 5.6 percent of Column V, Step 11. 16

The technology resource teacher at Coast High School and Valley Vista High School 17

shall be paid at one‐half the stipend as the comprehensive sites. 18

10. School Site Webmaster 19

School site webmaster will receive 5.6 percent of Column V, Step 11. Noncertificated 20

employees currently filling these positions have the option to remain in these 21

positions. 22

The webmaster at Coast High School and Valley Vista High School shall be paid at one ‐ 23

half the stipend as the comprehensive sites.24


APPENDIX C: VOLUNTARY EXTRA ASSIGNMENT PAY

VOLUNTARY EXTRA ASSIGNMENT PAY SCHEDULE 1

Teachers and the Association will be informed of extra pay positions as they become 2

vacant. Only unit members will be initially allowed to apply for such positions based on the 3

established extra pay unit schedule. In the event that no teacher seeks these positions, they 4

may be filled by non‐certificated employees. 5

All non‐athletic positions not filled by a certificated bargaining unit member shall be 6

declared vacant at the end of each school year. Said positions shall be posted on or before 7

May 31 of each school year. In the event a bargaining unit member does not apply for said 8

positions by the first instructional day of the school year, said positions may be filled by non‐9

certificated employees. 10

A. REGULATION 11

1. Driver Training Instructors 12

Compensation for driver training instructors (behind‐the‐wheel) shall be 13

.049 percent of Class V, Step 11, of the Teachers' Salary Schedule/hour. 14

2. Summer School 15

Compensation for summer school teachers shall be in accordance with Article 16

XXX, Summer School. 17

4. Summer Training 18

Summer Training shall be compensated at the hourly rate of Class III, Step 5 19

effective July 1, 2016. 20

4. Stipends Hourly Rate 21

All extra pay hours must be pre‐approved by a program administrator. 22

a. Voluntary hours outside of the work day shall be compensated at the 23

hourly rate of Class III, Step 5 effective July 1, 2016. 24

b. Required duties outside of the regular school year shall be paid at the 25

teacher's per diem rate of pay. (This would include such programs as PELL 26



Coordinators, Department Coordinators, Title I, Digital High School 1

Coordinator.) 2

c. Teaching outside of the regular school day shall be paid at the teacher's 3

per diem rate of pay. 4

d. Student‐Retention/Promotion Program for classes of 25 or smaller shall be 5

paid at the teacher's voluntary hourly rate of pay. 6

e. Student‐Retention/Promotion Program for classes of 26 or larger shall be 7

paid at the teacher's hourly per diem rate of pay. 8

f. Teachers who volunteer for Week of Welcome (WOW), Viking Voyage, 9

S.O.S., and Link Crew shall be compensated at the hourly rate of Class III, 10

Step 5 effective July 1, 2016. 11

The District and the Association will standardize all extra duty stipends not currently 12

covered under the contract for implementation on July 1, 2002. 13

5. Optional/Standard Units Schedule 14

Effective July 1, 2006, the percentage increase to the salary schedule that 15

would normally be applied to the Standard Unit Schedule shall be held for use 16

to create additional e‐units in accordance with the type of unit(s) that 17

generated the additional units. 18

The multiplier shall be reduced to 0.57 percent. The dollar equivalent of the 19

0.03 percent shall be used to increase extra pay units on each school site and 20

distributed proportionately to affected programs, which includes athletics 21

and activities. The units generated by this savings shall continue as part of the 22

base units provided by the District. 23

a. Extra Assignment Schedule is based upon Units. One (1) unit is equal to 24

0.57 percent of Class V, Step 11, of the Teachers' Salary Schedule. 25

b. Types of Units: 26

i. Standard ‐ For a position which is established on all campuses. 27



ii. Optional ‐ For a position which is determined necessary by the local 1

school. Number and/or change of units is also determined locally. 2

Optional units cannot be used to supplement pay of standard units 3

positions. Allowances for differences in school enrollment would be 4

made in terms of optional units allocated. 5

c. Any time a sport is adopted as an official CIF‐SS sport, and interscholastic 6

competition is established by CIF‐SS, the varsity coach of that sport would 7

be automatically placed on the Extra Assignment Schedule. Placement 8

would be determined by recommendation of the Superintendent. 9

B. OPTIONAL UNITS SCHEDULE 10

1. Optional Units ‐ Girls' Athletics 11

Units 12

24e 13

2. Optional Units ‐ Boys' Athletics 14

Units 15

13e 16

3. Optional Units ‐ Student Activities (May not be used for athletics) 17

Units 18

30e 19

4. Optional Units ‐ Required "e" (in addition to B 1, 2 and 3 above) 20

(At least 51 units must be assigned to athletics) 21

Units 22

102e 23

C. STANDARD UNITS SCHEDULE 24

1. ONE UNIT (0.57 percent of Class V, Step 11) 25

2. TWO UNITS (1.14 percent of Class V, Step 11) 26

3. THREE UNITS (1.71 percent of Class V, Step 11) 27

4. FOUR UNITS (2.28 percent of Class V, Step 11) 28

5. FIVE UNITS (2.85 percent of Class V, Step 11) 29



6. SIX UNITS (3.42 percent of Class V, Step 11) 1

7. SEVEN UNITS (3.99 percent of Class V, Step 11) 2

8. EIGHT UNITS (4.56 percent of Class V, Step 11) 3

9. NINE UNITS (5.13 percent of Class V, Step 11) 4

10. TEN UNITS (5.70 percent of Class V, Step 115


VOLUNTARY EXTRA ASSIGNMENT PAY SCHEDULE

ATHLETIC

VARSITY ASST.

VARSITY JUNIOR

VARSITY SOPH FROSH or FR/SOPH

**POS. SPECIAL.

Badminton Coed 6a 5e 5e 5e 5e 3e

Baseball Boys 8a 5e 5a 5e 5e 3e

Basketball Boys 9a 5e 5a 5e 5a 3e

Basketball Girls 9a 5e 5a 5e 5a 3e

Cross Country Boys 6a 5e 3e

Cross Country Girls 6a 5e 3e

*Cross Country Coed 7a 5a 3e

Field Hockey Girls 7a 5e 3e

Football Boys 10a 2 x 8a 8a 5e 6a 3e

Golf Boys 5a

Golf Girls 5a

Lacrosse Boys 6a 5e 5e 5e 5e 3e

Lacrosse Girls 6a 5e 5e 5e 5e 3e

Soccer Boys 7a 5e 5a 5e 3e

Soccer Girls 7a 5e 5a 5e 3e

Softball Girls 8a 5a 5e 3e

Surfing Coed 5e

Swimming Boys 7a 5e 5e 3e

Swimming Girls 7a 5e 5e 3e

*Swimming Coed 8a 5a 5e 3e

Tennis Boys 7a 5a 3e

Tennis Girls 7a 5a 3e

Track Boys 8a 5a 5e 3e

Track Girls 8a 5a 5e 3e

*Track Coed 9a 4 x 5a 5e 3e

Volleyball Boys 8a 5a 5e 3e

Volleyball Girls 8a 5a 5e 3e

Water Polo Boys 7a 5a 5e 5e 3e

Water Polo Girls 7a 5a 5e 5e 3e

Wrestling Coed 8a 5a 5e 3e

Cond. Tr. Season 3e

* In lieu of both a boys and girls team, a site may choose a coed option.**Position specialists can only be used after head and assistant coaching positions are filled.



VOLUNTARY EXTRA ASSIGNMENT PAY SCHEDULE STANDARD UNITS

CO-CURRICULAR

ACTIVITY UNITS

Agriculture - competition 3e

Agriculture - extended year 6e

Band Director - Assistant 5e

Band 8b

Concessions - away 5e

Concessions - home 4e

Drama 8b

Drill Team - Fall 5c

Mock Trial 6e

MUN Assistant 5e

MUN - first semester 5e

MUN - second semester 5e

Newspaper 4e

Orchestra 3e

Pepster 7b

Speech - first semester 4e

Speech - second semester 4e

Tall Flag - Fall 5c

Vocal Music 8b

Yearbook - with class 5b

Yearbook - without class 9b



APPENDIX C: VOLUNTARY EXTRA ASSIGNMENT PAY SCHEDULE

D. STRS RETIREMENT CALCULATIONS 1

Due to the STRS changes, the parties agree to implement language to address this 2

issue no later than July 1, 2002. 3

E. VOLUNTARY EXTRA ASSIGNMENT PAY APPLICATION PROCESS 4

All applications for the Voluntary Extra Assignment pay schedule (athletics) shall be 5

filed with the Certificated Human Resources Office on a standard District application 6

form. The Certificated Human Resources Office will review the applications for 7

completeness and will forward all completed applications to the appropriate school 8

for screening, interview and selection. 9

METHOD OF PAY 10

a. Payment during school year at conclusion of assignment.11

b. 50 percent payment end of first semester; 50 percent payment end of second12

semester.13

c. 5 units in the first semester; from 1 to 3 units end of second semester when14

the adviser meets the established criteria as follows:15

Festival competitions (1 unit); 16

Basketball‐minimum 3 (1 unit); 17

Other activities‐no less than 40 hours (1/3 of actual performance) (1 unit). 18

d. 5 units basic allocation for advising a Class I program per semester. Class II19

program will receive 3 additional units per semester.20

Class I ‐ Attend 3 conferences per semester 21

Class II ‐ Program Stipend applies to MUN advisors who were in the 22

position prior to the 1998‐99 school year. 23

e. Position not funded under standard unit allocation. If school elects to field24

program, the stipend is established by this schedule.25

f. Activity “e” units paid for by District are not to be used for the athletics program.26


APPENDIX D: FRINGE BENEFITS

FRINGE BENEFITS 1

1. Medical benefits cover employees and their eligible dependents as defined within this 2

agreement in Article XV. The health and welfare plans include a United Healthcare PPO, 3

United Healthcare HMO, and Kaiser HMO medical plans administered through the VEBA 4

trust, dental, vision, life, accidental death dismemberment, and long‐term disability (LTD). 5

A copy of the “service agreement” shall be provided to the Association upon request. 6

2. Dental benefits cover benefit eligible employees and their eligible dependents. The 7

District’s dental plan provider is Delta Dental of California PPO (preferred provider 8

organization) plan. Benefit eligible employees and each eligible dependent are covered 9

as follows: 10

1st year of service ‐ 80 percent 11

2nd year of service ‐ 90 percent 12

3rd year of service ‐ 100 percent 13

Percentages increase for each eligible member as long as that member visits the dentists 14

at least one time each calendar year. 15

The annual benefit limit per plan member is $2,000. If a participant chooses a Delta 16

Premier dentist versus a PPO dentist, a $50/member or $100/family annual deductible is 17

applied before any benefit will be paid. 18

An orthodontic benefit is payable at 50% of the covered fees and limited to a lifetime of 19

$625. No deductible is required for orthodontic benefits. 20

3. Vision benefits cover benefit eligible employees and their eligible dependents through 21

Vision Services Plan (VSP) network. 22

4. The District shall provide a long term disability (LTD) plan to each benefit eligible employee. 23

LTD pays once all sick leave, vacation pay and half pay is exhausted and a 150 day waiting 24

period has been met. Benefits will be paid at 66‐2/3% of salary. Eligibility for benefits is 25

determined by the provider per the policy. 26


APPENDIX D: FRINGE BENEFITS

5. The District will pay a life insurance benefit for benefit eligible employees for $50,000. 1

Supplemental voluntary life insurance is available through payroll deductions.2


Feature

Signature Value

HMO 10What You Pay

Deductible (individual/family) None $500/$1,000 $500/$1,000

Medical Out-of-Pocket Maximum (individual/family) $1,000/$3,000 $2,000/$4,000 $4,000/$8,000

RX Out-of-Pocket Maximum (individual/family) $3,000/$6,000 $3,000/$6,000 $3,000/$6,000

Health Reimbursement Account None None None

PCP Office Visit $10 copay $20 copay30% coinsurance (after deductible)

Specialist Office Visit $10 copay $20 copay30% coinsurance (after deductible)

Preventive Care No charge No chargeNo coverage for non-network

services

Inpatient Hospital Care No charge 10% coinsurace (after deductible)

30% coinsurance (after deductible)

Mental Health Services (outpatient/inpatient) $10 copay/No charge$20 copay/10% coinsurance

(after deductible)30% coinsurance (after deductible)

Substance Abuse Services(outpatient/inpatient) No charge$20 copay/10% coinsurance

(after deductible)30% coinsurance (after deductible)

Infertility Not covered Not covered Not covered

Outpatient Diagnostic Laboratory and Radiology (standard procedures)

No charge No charge30% coinsurance (after deductible)

Complex Radiology (PET, MRI) No charge 10% coinsurace (after deductible)


Outpatient Surgery No charge 10% coinsurace (after deductible)


Outpatient Physical/Rehabilitation Therapy $10 copay $20 copay 30% coinsurance (after deductible)

Urgent Care (your medical group/other medical group)

$10 copay/$50 copay $50 copay30% coinsurance (after deductible)

Emergency Room (Copay waived if admitted) $100 copay $100 copay $100 copay

Short-Term Prescription Drugs1 & 2 (up to 3 refills and up to 30 day supply) generic/preferred/non-preferred drugs

Filled at EAN Pharmacy (for UHC Plans only)

$10/$25/$40($5 extra if filled at non-EAN

pharmacy)


pharmacy)


pharmacy)

Maintenance Prescription Drugs3 (4th and following fills for up to 90 day supply) generic/preferred/non-preferred drugs

Filled at Smart90 Pharmacy (Costco or RiteAid) orExpress Scripts Mail Order

$20/$50/$80 $20/$50/$80 $20/$50/$80

Chiropractor Service4 & 5 $10 copay $20 copay30% coinsurance (after deductible)

CA Select Plus PPO 90/70

In Network Out of Network

What You Pay What You Pay

1UHC members pay standard copays if you fill your prescription at an EAN Pharmacy(EAN Pharmacies include Costco, Giant Eagle, Kmart, Kroger, Meijer, Safeway,

SuperValue, WinnDixie, Walmart, and many independent pharmacies) visit www.Express-scripts.com for a complete list of EAN pharmacies 2UHC members pay standard copays plus $5/prescription if you fill your prescription at a non-EAN Pharmacy (Non-EAN Pharmacies include CVS, Walgreens, and certain

independent pharmacies)3You will pay the Retail Refill Allowance (RRA) penalty (equal to 2 times short-term medication copay for 30-day supply) if you fill maintenance prescriptions at a network

pharmacy other than Smart904Services must be medically necessary and may be subject to prior authorization from OptumHealth5 PPO Plans include Acupuncture Services

*Subject to a $40 minimum and $175 maximum

**Subject to a $80 minimum and $350 maximum

Disclaimer: This summary is merely a brief description of the major benefits of the plan(s) and is not intended to alter or expand benefits, rights or liabilities as set forth in the official plan documents and contracts. Limitations may apply. See the Certificate/Evidence of Coverage for details.

2017 UnitedHealthcare Plans

Huntington Beach Union High School DistrictEffective Date: January 1, 2017 - December 31, 2017Important Notes:• Changes from 2016 are highlighted in red

Kaiser 15Rx: $10/$20 - 30 day

What You Pay

None

$1,500/$3,000

N/A

None

$15 copay

$15 copay

No charge

No charge

$15 copay/ No charge

$15 copay / No charge

$15 copay

No charge

No charge

$15 copay

$15 copay

$15 copay

$50 copay

$20 copay

$10 copay / $20 copaygeneric brand

(up to a 30-day supply)

$20 copay / $40 copaygeneric brand

(up to a 100-day supply)

Mail Order Prescription Drugs

Benefit Plan Website Customer Service

Best Doctors Bestdoctors.com 866-904-0910

Employee Assistance Program (EAP) Liveandworkwell.com

access: VEBA 888-625-4809

Express Scripts Express-Scripts.com 800-918-8011

Kaiser KP.org 800-464-4000

Optum Health (Chiropractic) Myoptomhealthphysicalhealthofca.com 800-428-6337

UnitedHealthcare (UHC) Myuhc.com 888-586-6365 172 DEA/HBUHSD Contract

2015-2018

HUNTINGTON BEACH UNION HIGH SCHOOL CALENDAR SCHOOL CALENDAR 2015 - 2016

FIRST DAY NEW INSTRUCTIONAL STAFF (Mon)…………………………… AUGUST 24, 2015 FIRST DAY RETURNING INSTRUCTIONAL STAFF (Tues)..……………… AUGUST 25, 2015 1st/2nd STAFF DEVELOPMENT DAYS – STUDENT FREE (Tues/Wed)…… AUGUST 25/26, 2015 FIRST DAY OF INSTRUCTION (Thurs)………………………………………... AUGUST 27, 2015 LAST DAY OF FIRST SEMESTER (Fri)………………………………………. JANUARY 22, 2016 3rd STAFF DEVELOPMENT DAY – STUDENT FREE (Mon)……………….. JANUARY 25, 2016 FIRST DAY OF INSTRUCTION – SECOND SEMESTER (Tues)……………. JANUARY 26, 2016 LAST DAY OF INSTRUCTION (Fri)…………………………................…...... JUNE 10, 2016 LAST DAY FOR INSTRUCTIONAL STAFF (Fri)………….....................….... JUNE 10, 2016

SCHOOL/EMPLOYEE HOLIDAYS

Instructional Legal/Local Holidays Staff Independence Day (Fri) July 3, 2015 Labor Day (Mon) September 7, 2015 Veterans Day (Wed) November 11, 2015 Thanksgiving Recess (5 days) November 23-27, 2015 Winter Recess (10 days) December 21, 2015 – January 1, 2016 King’s Birthday (Mon) January 18, 2016 Lincoln’s Birthday (Mon) February 8, 2016 Washington’s Birthday (Mon) February 15, 2016 Spring Recess (5 days following March 28-April 1, 2016 Easter Sunday, April 5) Memorial Day (Mon) May 30, 2016

NUMBER OF DAYS SCHOOL WILL BE IN SESSION

Calendar School Days Holidays Months Days School Months Taught Legal Local August 3 1. August 27 – September 25 21 1 0** September 21 2. September 28 – October 23 20 0 0 October 22 3. October 26 – November 20 19 1 0 November 15 4. November 23 – January 1 15 3 12 December 14 5. January 4 – January 29 18 1 0* January 18 6. February 1 – February 26 18 2 0 February 19 7. February 29 – March 25 20 0 0 March 19 8. March 28 – April 22 15 0 5 April 20 9. April 25 – May 20 20 0 0 May 21 10. May 30 – June 10 14 1 0 June 9 180 9 17 180

Quarters Days 1. August 27, 2015 – October 23, 2015 (9 wks) 41 *Staff Development Day – Student Free 2. October 26, 2015 – January 22, 2016 (10 wks) 48 3. January 25, 2016 – March 25, 2016 (9 wks) 42 4. March 28, 2016 – June 10, 2016 (10 wks) 49 Approved by Board of Trustees 4/8/14

APPENDIX E: SCHOOL CALENDAR


HUNTINGTON BEACH UNION HIGH SCHOOL CALENDAR SCHOOL CALENDAR 2016 - 2017

FIRST DAY NEW INSTRUCTIONAL STAFF (Fri)…………………………… AUGUST 26, 2016 FIRST DAY RETURNING INSTRUCTIONAL STAFF (Mon)..………………. AUGUST 29, 2016 1st/2nd STAFF DEVELOPMENT DAYS – STUDENT FREE (Mon/Tues)……. AUGUST 29/30, 2016 FIRST DAY OF INSTRUCTION (Wed)……………………………………….... AUGUST 31, 2016 LAST DAY OF FIRST SEMESTER (Fri)………………………………………. JANUARY 27, 2017 3rd STAFF DEVELOPMENT DAY – STUDENT FREE (Mon)……………….. JANUARY 30, 2017 FIRST DAY OF INSTRUCTION – SECOND SEMESTER (Tues)……………. JANUARY 31, 2017 LAST DAY OF INSTRUCTION (Fri)…………………………................…...... JUNE 16, 2017 LAST DAY FOR INSTRUCTIONAL STAFF (Fri)………….....................….... JUNE 16, 2017

SCHOOL/EMPLOYEE HOLIDAYS

Instructional Legal/Local Holidays Staff Independence Day (Mon) July 4, 2016 Labor Day (Mon) September 5, 2016 Veterans Day (Fri) November 11, 2016 Thanksgiving Recess (5 days) November 21-25, 2016 Winter Recess (11 days) December 19, 2016 – January 2, 2017 Dr. Martin Luther King, Jr. Day (Mon) January 16, 2017 Lincoln Day (Mon) February 13, 2017 Washington Day (Mon) February 20, 2017 Spring Recess (5 days following April 17-21, 2017 Easter Sunday, April 16) Memorial Day (Mon) May 29, 2017

NUMBER OF DAYS SCHOOL WILL BE IN SESSION

Calendar School Days Holidays Months Days School Months Taught Legal Local August 1 1. August 31 – September 23 17 1 0* * September 21 2. September 26 – October 21 20 0 0 October 21 3. October 24 – November 18 19 1 0 November 16 4. November 21 – January 6 19 3 13 December 12 5. January 9– February 3 18 1 0* January 19 6. February 6 – March 3 18 2 0 February 18 7. March 6 – March 31 20 0 0 March 23 8. April 3 – April 28 15 0 5 April 15 9. May 1 – May 26 20 0 0 May 22 10. May 29 – June 16 14 1 0 June 12 180 9 18 180

Quarters Days 1. August 31, 2016 – October 28, 2016 (9 wks) 42 *Staff Development Day – Student Free 2. October 31, 2016 – January 27, 2017 (10 wks) 47 3. January 30, 2017 – March 31, 2017 (9 wks) 42 4. April 3, 2017 – June 16, 2017 (10 wks) 49 Board approved 12-8-15

APPENDIX E: SCHOOL CALENDAR


APPENDIX F: ACADEMY FOR PERFORMING ARTS

ACADEMY FOR PERFORMING ARTS 1

A. Until otherwise agreed, the 93‐94 MOU will be in effect subject to the District funding being 2

limited to 62 units. 3

B. Teachers in the APA program can agree to waive their contractual right to a daily conference 4

period and classes assigned during the HBHS normal work day. APA teachers must follow 5

the procedures of Article X.A.3 to waive their daily conference period. Any bell schedule 6

voted on by APA may not violate the 7‐1/2 hour work day except as provided in Article 7

X.A.3. 8

C. APA block schedule must be added to the MOU for bell schedules. 9

D. Annually, the HBHS department coordinators must be informed of the financial impact APA 10

has on the site budget. 11

E. Only APA designated classes shall be scheduled outside the regular HBHS work day (periods 12

zero through seven). 13

F. Provide an annual Bell Schedule which includes hours, class, teacher, and room assignments14


APPENDIX G: TENTATIVE AGREEMENT, March 16, 2016


APPENDIX G: TENTATIVE AGREEMENT, April 29, 2016


APPENDIX G: MOU - ASSEMBLY BILL 375 CFRA, April 29, 2016


APPENDIX G: MOU - FRINGE BENEFITS, April 29, 2016


Hun ngton Beach Union High School District 5832 Bolsa Avenue, Hun ngton Beach, CA 92649 (714) 903‐7000

Class Size / Combina on Classes Problem Solving

Rev. (3/2016, HR)

APPROVAL FROM DEPARTMENT COORDINATOR X

Date

APPROVAL FROM SITE ADMINISTRATOR X

Date

APPROVAL FROM TEACHER X

Date

APPROVAL FROM DEA Designee X

Date

APPROVAL FROM __________________________________ X

Date

Resolu on:

Issues:

ARTICLE XVII: CLASS SIZE/COMBINATION CLASSES

A. The maximum student contacts per five (5) period teaching day shall not exceed 185 students/teacher/day in all academic subject areas. Academic subject areas, as referred to herein shall be defined as English, world languages, mathema cs, reading, science and social science. B. The 185 student maximum as described herein shall not be exceeded a er fi een working days following the start of the semester except as provided for in item C and shall count only students who have a ended a majority of their scheduled classes on any prior day. 1. Unit members who are on a reduced/part‐ me/split assignment contract shall have a prorated number of students per day:

Contacts if teaching 2 academic classes 74 Contacts if teaching 3 academic classes 111 Contacts if teaching 4 academic classes 148 Contacts if teaching 5 academic classes 185 Contacts if teaching 6 academic classes 222

C. The student maximums as described herein may only be exceeded a er agreement is reached by a group consis ng of the affected teacher, site administrator, department coordinator, and Associa on designee. D. The Director of Special Educa on will meet to problem‐solve caseload and class size on a quarterly basis with District Special Educa on Coordinators. E. The Associa on reserves the right to bargain the impact on class size reduc on if implemented by the District during the

term of this Agreement. L. Combina on Classes are defined as two or more course codes in the same period assigned to one teacher excluding student aides, lab specialists and/or peer tutors.

APPENDIX H: CLASS SIZE/COMBINATION CLASSES PROBLEM SOLVING



Incident Report Form

Instructions: Submit this form to the Assistant Superintendent of Human Resources. Upon the date filed, you will receive a response within five school days.

Reportee: <<name>>

Work Location: <<wk location>> (pull down menu)

Home Address: <<address>>

Primary Phone: <<phone>>

Email Address: <<email>>

● Date Report Filed: <<date filed>>

● Date of Incident: <<date of incident>>

● Location of Incident: <<location>>

● Name of Offending Person: <<offender>>

● Witness Name (specify relationship)

● Description of incident that violates civility policy BP 1315 and AR 1315 (please provide full

details, names, contact information for witnesses, and attach any supporting documentation):

<<incident>>

I attest, to the best of my recollection, the above statements are true and correct. 1

_________________________ , ___________

Signature of Reportee Date

APPENDIX I: INCIDENT REPORT FORM


Hun ngton Beach Union High School District 5832 Bolsa Avenue, Hun ngton Beach, CA 92649 (714) 903‐7000

7/6th Contract Problem Solving

(3/2014, Ed. Services & HR)

APPROVAL FROM DEPARTMENT COORDINATOR X

Date

APPROVAL FROM SITE ADMINISTRATOR X

Date

APPROVAL FROM TEACHER X

Date

APPROVAL FROM DEA Designee X

Date

APPROVAL FROM __________________________________ X

Date

Resolu on:

Issues:

Ar cle XXVIII: CONTRACTS

A. Upon mutual wri en consent between the district, the unit member, and DEA President or his/her designee, a unit member may agree to teach an addi onal class (7/6ths) in lieu of their assigned conference period.

B. Extended assignments are voluntary and may not be appropriate for all teaching staff.

C. Only permanent employees with a minimum of three years of cer ficated teaching experience may volunteer for an extended assignment.

D. Each 7/6 contract may only be considered a er mutual wri en agreement is reached by a group consis ng of the affected teacher(s), site administrator, department coordinator, and an Associa on designee.

E. The student need shall determine the period to be offered as the 7/6.

F. The group will give fair and equitable considera on to the following non‐ranked criteria for selec on of permanent employees or employees with a minimum of three years of cer ficated teaching experience volunteering for extend‐ed assignments:

Creden al

Exper se

Facili es

Seniority

Training or Special Qualifica ons

APPENDIX J: 7/6th PROBLEM SOLVING


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APPENDIX K: INDIVIDUALIZED PERFORMANCE PLAN (IPP)


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NOTE: Last Work Day (LWD)No later than LWD in

DecemberSection A.3.b.iii

DEA Members are

surveyed to determine

type of schedule

to be considered

No later than LWD in February No later than LWD in February

Section A.3.d.i Section A.3.e.i

INTEREST in BLOCK INTEREST in TRADITIONAL

Bell Schedule Committee creates

options for Block and Traditional

Schedules to be considered

Bell Schedule Committee creates

options for Traditional

Schedules to be considered

No later than LWD in March No later than LWD in March

Section A.3.d.ii Section A.3.e.ii

March process will narrow choices to

1 BLOCK and 1 TRADITIONAL Bell

Schedule

March process will narrow choices to

2 TRADITIONAL

Bell Schedules

By May 1st - FINAL Vote By May 1st - FINAL Vote

Section A.3.d.iii Section A.3.e.iii

2/3 of Votes Cast required to

approve BLOCK Schedule

50% + 1 of Votes Cast required to

approve TRADITIONAL ScheduleSection A.3.d.iv &

A.3.e.iv

Prevailing schedule will

be in place for

four school years.

Article X: WORK DAY, Section A.3 BELL SCHEDULES

4 Year Cycle, effective 2017‐18

Each site will create a Bell Schedule Process Committee consisting of the DEA Building Chair, DEA Site

Rep(s), Site Administrator(s), and other interested DEA members at the site.

The Bell Schedule Process Committee is distinct from the Bell Schedule Process Committee.

IMPORTANT: Four‐year cycle may be triggered at end of Year One of the four‐year cycle. Section A.3.d.iv.1 or A.3.e.iv.1

PROCESS YEARS:

2017‐182021‐22 2025‐26 2029‐30

TRIGGER YEARS:2018‐192022‐23 2026‐27 2030‐31

INTERIMPROCESS YEARS (if

triggered):2019‐202023‐24 2027‐28

APPENDIX L: BELL SCHEDULE FLOW CHART (Article X: Work Day)


Rev. 9/16/16 Ed Svcs & HR Copies to Educational Services (DO), Teacher, Site Administrator, Student/Parent


HYBRID‐ONLINE COURSE

Learning Agreement

Last Name First Name Student ID #

Address City

Zip Code

Birth Date

Age

School Grade

9th 10th 11th 12th

Course Title

Duration of Course & Agreement (Check One)

Fall Spring Number of Course Credits

Student School Email Address

Parent/Guardian Email Address

_____ Initial LEARNING OBJECTIVES, METHODS OF EVALUATION, AND RESOURCES: Course objectives reflect the curriculum adopted by the Huntington Beach Union High School District’s governing board and are consistent with district standards, as outlined in the district’s course descriptions. The learning objectives, methods of evaluation, and resources for each course covered by this agreement will be described in the syllabus. Students shall be evaluated on their achievement of these objectives. I have received a copy of the HBUHSD Board policies. (See attached)

_____ Initial ASSIGNMENTS AND ASSESSMENTS: Students enrolled in hybrid‐online courses will be required to complete assignments and assessments both online using the district adopted learning management system and in person. The course teacher will establish and communicate to students the timelines for completing and submitting assignments. Additionally, the course teacher will establish a grading system based upon objective criteria and communicate the grading system to students at the beginning of each new term. Timely notification of student progress will be made consistent with the provisions of the Education Code and AR 5124. I am initiating enrollment into a Hybrid‐Online course. _____ Initial REPORTING: Students are required to meet face‐to‐face with their teacher a minimum of one hour per week for core classes (two hours every two weeks for Block Schedule schools), an average of one hour per week for elective classes. The course syllabus will specify in‐class meeting dates and location.

_____ Initial VOLUNTARY STATEMENT: Hybrid‐online courses are an optional educational alternative that students voluntarily select. All students who choose this option have the continuing option of returning to a traditional classroom setting. I have attended a Hybrid‐Online Orientation: _____________Date

_____ Initial EQUITABLE PROVISION OF RESOURCES AND SERVICES: The hybrid‐online course option is to be substantially equivalent in quality and quantity to classroom instruction, and students who choose to engage in hybrid‐online courses are to have equality of rights and privileges with students in the regular school program. Students enrolled in hybrid‐online courses will have access to the same instructional materials and resources as students enrolled in the regular school program. I understand that this course requires use of a computer and the internet. I have read and understand the terms of this agreement and agree to all the provisions set forth.

Print Student Name Student Signature Date Print Parent/Guardian Name Parent/Guardian Signature Date Teacher Acknowledgment: Print Teacher Name Teacher Signature Date

APPENDIX M: HYBRID-ONLINE COURSE LEARNING AGREEMENT


APPENDIX N: HYBRID‐ONLINE PROBLEM SOLVING

3/2016 ‐ HR

Issues:

Resolution:

Hybrid‐Online Courses Problem‐Solving

Article XXXVII: Hybrid‐Online Courses, Section C. 1. c

c. In order to maintain quality programs and high academic standards, teachers may teach up

to three (3) hybrid‐online courses. Based on student need, a problem solving meeting shall

occur in accordance with Appendix N to increase the number of hybrid‐online sections

assigned to one teacher.

APPROVAL FROM SITE ADMINISTRATOR DATE

APPROVAL FROM HYBRID‐ ONLINE TEACHER DATE

APPROVAL FROM DEPARTMENT COORDINATOR DATE

APPROVAL FROM DEA DESIGNEEE DATE


APPENDIX O: HYBRID‐ONLINE DISTRICT‐WIDE COURSE PROBLEM SOLVING

3/2016 HR

Issues:

Resolution:

Hybrid‐Online District‐Wide Courses Problem‐Solving

Article XXXVII: Hybrid‐Online Courses, Section H. 1

H. Courses

1. A student shall only be enrolled in hybrid‐online courses taught by teachers at his/her

home school. Based on student need, a problem solving meeting shall occur in

accordance with Appendix O to create a course that allows district‐wide enrollment.

APPROVAL FROM DISTRICT DESIGNEE DATE

APPROVAL FROM HYBRID‐ONLINE DISTRICT‐WIDE TEACHER DATE

APPROVAL FROM DEPARTMENT FACILITATOR DATE

APPROVAL FROM DEA PRESIDENT or DESIGNEEE DATE


244

INDEX

Absence, Summer School……………………………………………………………………………………. 112

Academy for Performing Arts (Appendix F)…………………………………………………………. 163

Additional Pay‐APA Facilitator, Facilitators, Coordinators (Appendix B).…………….. 149

Additional Pay‐Athletic Coordinator (Appendix B)………………………………………………. 35

Additional Pay‐Department Coordinator (Appendix B)……………………………………….. 158

Additional Pay–Master Teacher (Appendix B)……………………………………………………… 158

Additional Pay‐School Media Coordinator (Appendix B)……………………………………… 158

Additional Pay‐School Site Webmaster (Appendix B)………………………………………….. 158

Additional Pay‐Site Program Coordinators (Appendix B)……………………………………… 158

Additional Pay‐Technology Resource Teachers (Appendix B)………………………………. 158

Adult Ed/Hourly Leave to Comprehensive High School.………………………………………. 145

Adult Ed/Hourly Salary Schedule (Appendix A)……………………………………………………. 149

Agreement……….…………………………………………………………………………………………………. 1

Application and Approval Procedures for Sabbatical Leave…………………………………. 60

Approval of Authorized Personal Property on District Sites…………………………………. 91

Assignment and Reassignment……………………………………………………………………………. 106

Assignment and Reassignment – Adult Ed/Hourly Teacher…………………………………. 136

Assignment of Full Inclusion Specialists………………………………………………………………. 106

Association Rights……………………………………………………………………………………………….. 106

Authority for Grade Reporting…………………………………………………………………………….. 25

Benefits, Maintenance of……………………………………………………………………………………. 10

Bereavement………………………………………………………………………………………………………. 54

Calendar (Appendix E)…………….………………………………………………………………………….. 173

Catastrophic Sick Leave Pool……….………………………………………………………………………. 78

Child Rearing Leave…………………………………………………………………………………………….. 58

Class Size…………………………………………………………………………………………………………….. 82

Co‐Curricular (Appendix C)………………………………………………………………………………….. 163

Compensation – Summer School……………….……………………………………………………….. 115

DEA/HBUHSD Contract 2015-2018

245

Computation of Differential Pay……….…………………………………………………………………. 53

Computing Pay for Fractional Assignments…………………………………………………………. 49

Concerted Activities…………………………..……………………………………………………………….. 94

Contracts…………………………………………………………………………………………………………….. 102

Coordinator, Additional Pay (Appendix B).………………………………………………………….. 158

Death in Immediate Family Leave of Absence……………………………………………………… 54

Definitions…………………………………………………………………………………………………………… 4

Department Coordinator, Additional Pay (Appendix B)……………………………………….. 158

Differential Pay……………………………………………………………………………………………………. 53

District Responsibility Upon Completion of Sabbatical Leaves…………………………….. 70

District Rights……………………………………………………………………………………………………… 8

Duration of Maternity Leave……………………………………………………………………………….. 56

Elected Public Official Leave………………………………………………………………………………… 75

Employee Discipline……………………………………………………………………………………………. 122

Evaluation – Monitoring Performance………………………………………………………………… 39

Evaluation – Mutual Assistance Plan…………………………………………………………………… 40

Evaluation – Planning Performance…………………………………………………………………….. 36

Evaluation Appeal Procedure………………………………………………………………………………. 47

Evaluation Conference………………………………………………………………………………………… 47

Evaluation Performance……………………………………………………………………………………… 45

Evaluation Procedures – Adult Ed/Hourly……………………………………………………………. 147

Evaluation Procedures for Teachers……………………………………………………………………. 32

Evaluation Program Application and Responsibilities………………………………………….. 34

Evaluation Time Requirements……………………………………………………………………………. 33

Exchange Teacher Leave……………………………………………………………………………………… 74

Facilitator, Additional Pay (Appendix B)………………………………………………………………. 158

Family and Medical Leave…………………………………………………………………………………… 76

Foreign Teaching/Research Leave……………………………………………………………………….. 74

Formal Evaluation Process…………………………………………………………………………………… 32


246

Fringe Benefits……………………………………………………………………………………………………. 50

Fringe Benefits – Adult Ed/Hourly……………………………………………………………………….. 140

Fringe Benefits (Appendix D)………………………………………………………………………………. 170

Fulfillment of Sabbatical Leave Evidence…………………………………………………………….. 69

General Transfer Requests………………………………………………………………………………….. 29

Grades…………………………………………………………………………………………………………………. 25

Grievance Procedures…………………………………………………………………………………………. 11

Grievance Procedures – General Provisions………………………………………………………… 12

Grievance Procedures, Level I……………………………………………………………………………… 14

Grievance Procedures, Level II…………………………..………………………………………………… 14

Grievance Procedures, Level III.…………………………………………………………………………… 14

Grievance Procedures, Level IV….………………………………………………………………………… 15

Grievance Procedures, Level V..…………………………………………………………………………… 15

Home Teaching Salary Schedule (Appendix A)…………………………………………………….. 150

Individual Performance Plan……………………………………………………………………………….. 37

Industrial Accident/Illness…………………………………………………………………………………… 58

Interruption of Post‐Sabbatical Service Requirement………………………………………….. 71

Jury Duty Outside the School Year………………………………………………………………………. 77

Leave for Personal Health/Family Hardships……………………………………………………….. 55

Leave of Absence Reporting Procedures……………………………………………………………… 51

Leaves…………………………………………………………………………………………………………………. 51

Length of Sabbatical Leave………………………………………………………………………………….. 61

Limitation on Employment During Leave…………………………………………………………….. 60

Limitation on Number of Leaves………………………………………………………………………….. 64

Maintenance of Benefits……………………………………………………………………………………… 10

Master Teacher, Additional Pay (Appendix B)……………………………………………………… 158

Maternity or Adoption Leave………………………………………………………………………………. 55

Mileage Reimbursement for Split Teaching Assignment – Summer…………………….. 115

Military Leave……………………………………………………………………………………………………… 72


247

Miscellaneous Leaves………………………………………………………………………………………….. 72

Monitoring Performance…………………………………………………………………………………….. 39

Mutual Assistance Plan……………………………………………………………………………………….. 40

Negotiation Procedures………………………………………………………………………………………. 5

Non‐Discrimination……………………………………………………………………………………………… 9

Notification of Unsatisfactory Performance………………………………………………………… 41

Optional Units Schedule (Appendix C)…………………………………………………………………. 163

Organizational Security……………………………………………………………………………………….. 86

Other Leave – Personal Business…………………………………………………………………………. 55

Payroll Deductions for Insurance and Savings……………………………………………………… 121

Peer Assistance and Review………………………………………………………………………………… 123

Personal and Academic Freedom………………………………………………………………………… 45

Personal Business Leave……………………………………………………………………………………… 55

Personal Emergency Leave………………………………………………………………………………….. 54

Personal Emergency Leave – Adult Ed/Hourly……………………………………………………… 144

Personal Illness Leave………………………………………………………………………………………….. 51

Personal Illness Leave – Adult Ed/Hourly…………………………………………………………..... 143

Personal Leave……………………………………………………………………………………………………. 54

Personal Property – Burden of Proof…………………………………………………………………… 91

Personal Property – Claim for Reimbursement……………………………………………………. 91

Personal Property – Limitation on Compensation……………………………………………….. 91

Personnel Files……………………………………………………………………………………………………. 42

Planning Performance – Evaluation……………………………………………………………………. 36

Priority List – Summer School……………………………………………………………………………… 112

Proration of Illness Leave Benefit………………………………………………………………………… 52

Reassignment……………………………………………………………………………………………………… 108

Recognition…………………………………………………………………………………………………………. 2

Reduction‐In‐Force Actions and Effects……………………………………………………………….. 99

Return to Service following Maternity Leave………………………………………………………. 57


248

Return to Service following Sabbatical Leave………………………………………………………. 69

Right to Privacy……………………………………………………………………………………………………. 130

Sabbatical Leave………………………………………………………………………………………………….. 60

Sabbatical Leave – Acceptable Programs…………………………………………………………….. 62

Sabbatical Leave – Approval Criteria……………………………………………………………………. 66

Sabbatical Leave – Compensation……………………………………………………………………….. 67

Sabbatical Leave – District Responsibility Upon Completion……………………………….. 70

Sabbatical Leave – Duration of Leave………………………………………………………………….. 61

Sabbatical Leave – Eligibility………………………………………………………………………………… 61

Sabbatical Leave – Evidence of Fulfillment of Leave……………………………………………. 69

Sabbatical Leave – Interruption…………………………………………………………………………… 71

Sabbatical Leave – Maximum Number………………………………………………………………… 64

Sabbatical Leave – Return to Service…………………………………………………………………… 69

Safety Conditions………………………………………………………………………………………………… 90

Salaries………………………………………………………………………………………………………………… 48

Salary Schedules (Appendix A)…………………………………………………………………………….. 148

Savings Provision…………………………………………………………………………………………………. 93

Selection Process for Both General and Specific Transfer Requests…………………….. 30

Six Period Assignment…………………………………………………………………………………………. 24

Specific Transfer Requests…………………………………………………………………………………… 29

Split Teaching Assignment…………………………………………………………………………………… 24

Split Teaching Assignment – Mileage Reimbursement………………………………………… 115

Standard Units Schedule (Appendix C)………………………………………………………………… 163

Summer School…………………………………………………………………………………………………… 109

Summer School – Adult Ed/Hourly………………………………………………………………………. 146

Summer School – Compensation…………………………………………………………………………. 115

Summer School – Mileage Reimbursement for Split Teaching Assignment………….. 115

Summer School – Priority List……………………………………………………………………………… 112

Teacher Personnel Files………………………………………………………………………………………. 42


249

Teachers’ Salary Schedule (Appendix A)………………………………………………………………. 148

Tentative Agreement (Appendix G)……………………………………………………………………… 176

Permanent Status – Adult Ed/Hourly…………………………………………………………………… 137

Term of Agreement…………………………………………………………………………………………….. 98

Transfer of Incoming Leave…………………………………………………………………………………. 53

Transfers, Administrative‐Initiated………………………………………………………………………. 27

Transfers, Teacher‐Initiated………………………………………………………………………………… 28

Utilization of Illness Leave…………………………………………………………………………………… 51

Voluntary Early Retirement…………………………………………………………………………………. 118

Voluntary Extra Assignment Pay Schedule (Appendix C)……………………………………… 167

Work Day…………………………………………………………………………………………………………….. 17

Work Day – Adult Ed/Hourly……………………………………………………………………………….. 142

Work Year…………………………………………………………………………………………………………… 26

Work Year – Adult Ed/Hourly………………………………………………………………………………. 141

Zero Period Assignment…………………………………………………………………………………….... 25


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